Monthly Archives: April 2014

Dreams of recent nights.

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I dreamt of Davood a few nights ago. He was the prick I did a runner on a few months ago. Why am I still wprried about him? There is nowt he can do and he has no notion where I am. I am considerign sending him a choice missive.

 

 Then last night I dreamt of going to the bank. I spoke to the clerk – a fat man a bit older than me. This white man had blond hair. He was British and amiable. I found out I was 400 quid overdrawn. In fact I am very much in the black. I am anxious about my spending and have not been able to check the state of my accounts. 

There were other episodes to the dream which I do not now recall. They were not erotic despite having plenty og congress latekly

 

I still cannot help but fantasise about Judith.

A dream of my tot and of ruderies.

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Last night I dreamt of seeing photos of my child. My boy was smiling. These are images of him from a few months ago. I was so happy to see him in good spirits.

 

Later I dreamt of images of my musical girlfriend – of seeing her legs and her skirt blowing up – catching sight of her bottom.

 

I awoke hard and then boned my girlfriend.

A dream of a bull and a Russian prostitute.

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I dreamt of being in a room with a Russian hooker. She looked about 25. She was a petite brunette with perky C cup tits. She had very plae skin but did not look unhealthy. Her long tresses were thrown over her shoulders. We spoke English. She could get me other girls or I could do it with her. We were in a flat a few storeys above the snowy land outside. The room was almost bare. She was agreeable bot not quite chamring. Itw as so many thousand roubles. I had only a 5000 note and she accepted that. I was rick hard and eager to shove it in. She was naked from the start and before I knew it I too was as naked as nature intended. She searched for a condom. on the mantelpiece and various places but none was to be found. I wanted to use one just to prevent myself contracting a terminal illness. But there was none. She said if I assured her I had tested negative for HIV then we could do it without. I was so overpowered by lust that I said eys – which is veracious. I then made violent love to her on the bed. I came quickly.

I awoke with a hug hard on. I then fantastised about Clarissa with her double D’s. I have looked up photos of her lately. I committed sefl abuse

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Later I saw a brown bull in a field – at times i resembeld a Highland bull. There was a man in there with it. I cannot remember his name. He was able to run rings around it and didge from it as the beast charged. It was like bullf ighting but no bandaleros or capes not a sword were involved. He jumped over the barbed wire fence to geta way from the hurtlingh bull/ 

I was the in the field in hiorseback and able to keep away. I admired and envied this man who displayed his valour in front of the mighty bull

Later I was on a bus. It wound through town – turned out to be Baku. There was a white girl on the seat behind me. She was perhasp 18. I spoke to her. She turned out to be the daughter of that man who was so barve around the bull. Sonmehiw I knew this nubile brunette had seen her father killed lately.

Later I heard ehr giggling. I turned ariydn to see she had my passport. I had dropped it. 

She looked a bit like the one I knobbed in the dream.

This is part of my anxiety about losing my passport.

A dream of my child obtaining a sibling.

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I dreamt that I was on a farm. I walked around a large barn. My child was there and he and I ran around the hay bails. He was gleeful.

 Then I saw his mother dressed in jeans and the black top she wore to the funeral. She came in smiling and looking very pleased with herself but almost embarrassed. Suddenly I knew she had had another baby. She did not look like a woman who had had another child. 

Then she was carrying the infant. This baby was a boy. Then my child was not around. I knew this second baby was not mine since I am incapable of siring further children. I pointed this out to her and she confirmed that someone else was the father of this child. He was English.

I wanted my child to be the only child.

Later I was in Syria with a group of rebel fighters. We walked arounf a ahdge maze. This was a bizarre location for a battle. We saw soldiers in unfirm,. Fire was exchanegd but no one was hit b a bullet. I saw some tanks rumbled slowly by. They were not goingtoo fast. The climate was temperate,.

I urged the insurgnets to open fire again – they did. Then they fired no more – perhaps they had exhausted their ammunition. Syrian soldiers closed in on us – their sights trained on us. I shouted out that I was a journalist. But wpuld they believe me? I was worried they would take me for a rebel and kill me. I had incited the rebels to shoot so I reflected that I was guilty.

 

 I ahd been reflecting lately that I would like to got o Syria and Lebanon when things are traqnquil.

question 3. Land . Page 166

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In 1990 when Tom a homelss person noticed that a large shed on Blackacre had been empty for some time he decided to occupy it and make it his home. He mended the windows and the roof and bought in a few pieces of furniture. In 1991 he started growing vegetables on a potahc of land outside the shed and fence din a patch to keep out rabbits. In 1993 Lisa, Tim’s girlfriend , joined him in the shed. Adam , the registered owner of Blackacre , was hoping to get planning permission to pull down the shed and build a bungalow in its place but for the moment he had no objection to Tim staying there. Tim continued to live in the shed until his death in 2000.    In 2002 Adam sold Blackacre to Saul. In 2004 Saul decieded to develop the site and wrote to Lisa asking her to leave. She ingored the ltter and Saul has now brioght an action for possession.

Advise Lisa/

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Tim has occupied Blackacre. He intends to possess it and this would be evident if the labndlord came along. His work on the shed makes this blatant. The fact that Tim lives there makes this unquestionable. The fence was designed to keep the bunnies in rather than other persons out but this is immaterial.

His girlfriend joined him. They intened to share the place so this makes it a joint tenancy.

But Tim was there it seems with a licence – probably a bare one from Adam. This means as Timwas there by permission this does not count as adverse possession.

Tim died in 2000. Lisa would say the right of survivorhsip passed to her.

She could claim she inherited Tim’s squatter’s rights and that the place has been occupied for 14 years – more than enough fr her to apply for registration as the legal owner.

Saul is the new paper owner. He can probably get Lisa out. He wants to devleop the site and this is irrelevant. She ignored his letter.

The time that Tim was there with the say os of the paper owner does not count towards the time limit of being an adverse possessor and thus obtaining legal title to the said tenement.

Question 2. Land. Page 166

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The law of adverse possesson has been in desperate need of reform for many decades. The changes effected by the 2002 act are a timely response to this need.

Criticallt examine the current state of law of adverse possession with reference to the above statement

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The law of adverse possession is confusing in view of the fact that there are three major regimes. One relates to registered land; one relates to unregsterd land and the third….

Unregistered land is gradually becoming registered as it is sold; leased for over 7 years; leases with over 7 years left to run are transferred are registered. There could be a law requiring all land no matter what circumstances to be registered and then the unregistered system would be at an end.

The government has lately made it easier to kick out squatters in a statute passed in 2010.

The rules surrounding intention to possess need to be more clearly defined so they are not decided by courts on an almost ad hoc basis.

The Human Rights Act 1998 has given greater protection to property owenrs particularly in relation to family homes. This clashes with the old principles of English squatters’ rights. The law should decide one way or the other.

The decision in Pye v Graham was unjust. The farmers should have moved off it. Grazing animals should not be regarded as occupation.

People who are not good at chasing up their affairs; those who live abroad and so on find themselves unjusttly deprived of their land.

 

Sampel exam question. Page 165. Land

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Question 1. A held legal title fee simple in Blackacre – he used this land as a pig farm -. B held the legal fee simple im Blueacre , land  adjacent to Blackacre ‘s western boundayr and used by B as an allotment for the cultivation of flowrs and vegetables.

The legal fee simple in Redacre , land adjacent to Blackacre ‘s eastern boundary , was vested in C who intended to use Redacre for purposes similar to B;s when a legal elase held by D expired in 1995. D a retailer of motor cars im te nearets town , leased Reedacre to use as an area to store exercess stock. The tirles to thesee three plots are not rgeistered

In 1989 A moved some pigs onto Blueacre as Blackacre was overcrowded. A was never disturbed in his pssessoom largely because B became insane several weeks sfter A took possession . In 1991 A entered Redacre and established a large vegetable garden, marking it off with a row of bricks. In 1990 D had diversifief hsi business and no ;onger found it needful to sue Redacre but retained it against contringncies.

In 2004    E  approahced A with a view to purchasing   Blackacre  inclsuding the land on the western and easten boundaries in A’s apparents pccupation. E is concenred that A may not be able to show good title, particulalrly as he has heard that D is proposing to surrdener his elase to C.

Discuss

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This is rather complex.

A has Blackacre in fee simple/

B has legal fee simple on Blueacre. A then moves pigs there.  B has gone insane.

C has legal fee simple in Redacre. D has a legal lease of this that expires in 1995.  A eneters Redacre and makes a vegetable garden putting a row of brick s there.

None of this is registered.

E want to buy Blackacre from A.

The intentions of the owners for future use of these plots is irrelevant. Generally speaking, in English law motive is not pertinent.

B has gone made. Time does not run against the title of the mentally ill. Because he is incapacitated he is unable to comprehend what has happened to his land and take the needful action to remove the adverse possessor. Otherwise A having his pigs there would be occupation as in Pye v Graham.

A has occupied Redacre and shown an intention to possess by putting the bricks there but this is not enough to keep people out. Anyone who entered it would see this.

There is no reaons why E should not be able to buy Blackacre from A.

If someone wanted to stop an adverse possessor from gaining title to unregistered title then all the paper owner need do it register the title with the Land Registry.

 

Self assessment questions. Page 165 . Land

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What are the main differences introduced to adverse possession by the 2002 Act?

Wy must you be very careful with dates when answering problem questions on this tpic?

How can an adverse possessor’s claim be defeated in (a) unregistered title land and (b) registered title land?

What has the impact of human rights law been on adverse possession claims?

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This act made it more difficult for a suqatter to obtain legal title. ”adverse posseson of an estate in land will never of itself bar the registered proprietor ‘a title.”

The number of years a squatter must be there has been cut to 10 ywars – he can then seek registration but that takes a further two years.

 

Adverse possession can oerate when the legal owner disappears

voluntary registarion can defeat a squatter

When a squatter seeks title the owner has 3 months to object. The whol process of the squatter becoming the legal owner takes 2 years

The three areas where it is not so didfiuclt under the 2002 LRA for a sqyatter to gain land are – estoppel, prior claim and boundary dispiutes.

(a) in unrefisered title the owner should regster within 10 years of the adverse possession starting

(b) ub registered title drive him off the labd.

Human rughts law says that private property must be respected in aprticular in relation to homes. It makes it more difficult to deprive a legal owner of property.

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Activity 11.3. Page 158. Land

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Summarise the relevant facts of Pye v Graham and answer the following and House of Lords?

This case is a 2002 case. Pye allowed someone to use 23 acres of land. That was Graham using the land for grazing. The agreement said it would end in 1983 and would need a new agreement to continue.

The House of Lords said that Graham was the lawful owner of the land because Pye failed to take the land back. This led to the Lan Registration Act of 2002. Such takeovers need to be registered.

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a. What was the cause of the disagreement between the Court of Appesl and House of Lords?

The court of appeal found for Pye but then the house of Lorss founds for Graham. The Lords said that the Grahams were possessing it but the Court of Appeal said usiung it for graziong was not possessing.

 

 

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b.  What reservations did the judges in the House of Lords  express about their deicison in favour of the squatters? See Lord Brightman’s speech

Lord Bingham said that as this was rregistered land there was no confusion about who owned it if the land was allowed to remain the prpperty of Pye. The land wass given to the Grahams. The Grahams should have to pay some compensation to Pye in faifrness but Pye did not have to do so because they law did not require it.

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c. How did the House of Lords deal with the human rights issue of interference with the right to enjoyment of property?

The earlier decision was before 2000 when the ECHR was incorporated into British domestic law.

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d. This case concerned the adverse possession of a piece of open land. To what extent do the rules differ when the land is a buiolding?

In the case of a buildsing you must live in it or lock it,.

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