Daily Archives: February 9, 2015

Activity 5.7. Page 80. Law of property


a. How are the rights of the co owner beneficiaries different under a trust of land from under a trust for sale?


In the case of a trust for sale the trustees were to sell the land but could delay this. The beneficiary was not assumed to have a right to occupy the land but the trustees might let him do it.

Under a trust for sale the beneficiary as the right of occupation unless the trusts indicates otherwise. There is no duty to sell the sale.


b. To what extent do the interests of occupying beneficiaries of a trust of land take priority over the interests of secured creditors.


The usually take priority as has been shown in a number of cases especially if there are children there.

Stack v Dowden is a case in point.

Sale may be delated to allow childrne to grow u.p.

moRtgage corporation v shaire is another example from 2000.

This iis not alway the case. IN bAN OF iRELAND hOme mortgages v Bell iin 2001 the court found in favour of the bank. This was about a spouse and not a child though.

Alliance and Leiceters v Slayford 2001 the bank bankrupte the husband and forced a sale to circumvent the rights of the beneficiary.


Activity 5.6 Page 78. Law of property.


To what extent have the powers an duties of trustees of land been changed by the 1996 act/


They have been changed substantially. Trustees can now delegate their powers to an adult beneficiary of sound mind. Trusts for sale have been turned into trusts of land. They must let a beneficiary occupy the land so long as this is not inconsistent with the aims of the trust.

Page 78. Law of property. Self assessment questions.


1. When will occupation of land protect the interest of an equitable co owner?


if no onquiry is made of them. Or if an inquiry is made and they answer truthfully but a purchase goes ahead anyway. The buyer had notice or the occupation was discoverable.


2. How has the LRA 2002 changed the law in this respect?


Some rigts override the first registration.

uNdisocevrale interess will not bind a purchaser. Before 2002 the law on thus was uncertain


3. What is overreaching and how does it operate?


Overreaching is where a buyer takes land free of equitable interesrs. These interests are turned into money. These right holders take a shar of the money paid to the seller.

A legal purchaser for value in fee simple without notice overreaches almost everything. Overreaching is less extensive the less someone confoorms to the type of buyer just set out


All about Astana


Astana is the capital of the Republic of Kazakhstan. Astana was founded in 1830. In those days it was named Akmola which translates as ”white grave”. In 1830 Kazakhstan was becoming united with Russia and Russian people were moving to Kazakhstan. In the 1850s a railway line was built to Akmola.

Akmola became an important administrative centre. A lot of trade was done here. Some factories were set up. There was a lot of fighting around Akmola in the 1920s. This was the time of the Russian Civil War. Eventually the Soviet Government regained control of the area. The Kazakh Soviet Socialist Republic was founded. The Kazakh S S R was part of the USSR. The captial of Kazakhstan was Almaty.

People from other parts of the Soviet Union moved to Akmola in the 1930s. They were from Russia, the Ukraine, Belarus and Georgia for example.

In the Second World War some factories in Akmola made weapons for the Red Army. Soldiers from Akmola fight bravely. This helped the Red Army to win.

After the Second World War the Soviet Government saw that Kazakhstan could be good for farming. The new leader was Nikita Khruschev. Khruschev was the First Secretary of the Communist Party of the Soviet Union. Khruschev said that Kazakhstan was full of virgin lands. He moved many more people to Akmola. He renamed the city Tselinograd.

In 1991 the Soviet Union came to an end. The Soviet Union divided into 15 countries. One of them was Kazakhstan. AFter a few years the President of Kazakhstan, Nursultan Nazarbayev, decided to move the capital to Akmola. He did this in 1997. Akmola was renamed Astana.

Astana has almost 800 000 people. Astana is world famous for its architecture. It is a city of the future. It has many lines of symmetry. There are enormous and very impressive buildings. Akorda Palace is the presidential palace. It is a beautiful and stunning building. The Beyterek is a fantastic stylised tree. This wonderful building is based on the old Kazakh legend of a bird that laid a golden egg. From the top of this structure you can see for many miles.

There are plenty of shopping centres around the main square. There are lots of five star hotels and fabulous restaurants. The Khan Shatyr is a magnificent shopping and entertainment centre. It looks like a tent. Architecture here is very daring and ambitious. No expense is spared. The Palace of Peace and Reconciliation is another awe striking building in the shape of a pyramid. There is a very tall flag pole near Duman Hotel. There are also buildings with arches and these are very attractive to look at.

The city is growing rapidly. A lot of businesses have set up here. Astana is becoming ever more successful and impressive.


1. In which year was Akmola founded?

2. What is the capital of Kazakhstan?

3. What does Akmola mean in English?

4. Why was Akmola important in the 19th century?

5. What city was the capital of Kazakhstan in the 20th century?

6. Who moved many more people to Kazakhstan in the 1950s?

7. What was the name of Astana before 1997?

8. Who is the president of Kazakhstan?

9. Name another nationality that lives in Astana besides Kazakhs?

10. When did Astana become the capital?

11. Name one famous building in Astana and say why you like it? (5)

12. Why is Astana so successful? (5)

Martial Arts.


Martial Arts are fighting sports. The word ‘martial’ relates to fighting or to the army. We find this word in terms like ‘martial law’. In the Ancient Roman religion Mars was the god of war. The Planet Mars takes its name from this.

There are several martial arts.

Boxing has been around since Ancient Greece. It was a sport in the Ancient Olympics. It was popular in the United Kingdom in the 18th century. But there were no weight divisions and no bouts. Two men would enter a chalk circle drawn on the floor. They would hit each other for as long as it took for one man to collapse. In the 19th century the Marquess of Queensberry decided to regulate boxing. The Marquess of Queensberry wrote the rules. Weight divisions were introduced. You could not have a very heavy man fighting a light man. A doctor had to be present and he was allowed to stop the fight on medical grounds. There were rounds of two minutes.

Tae kwon doe is a Korean martial art. It involves punching and kicking. It is a little similar to karate.

Karate is a martial art from Japan. Karate means ”empty hand” in Japanese because it is a sport that involves no weapons. There are different coloured belts for different levels of skill.

Judo is another Japanese martial art. It is about throwing the opponent. You need to trip him and use his weight against him. There are different belt colours for different levels in this sport. People go to gradings to try to win belts.

Kendo is a Japanese martial art. It involves fighting with sticks.

Kick boxing is another form of boxing. These kick boxers are allowed to kick as well. The muscles in the legs are three times stronger than in the arms. This is because the legs carry the body.


1. Which of these sports was played in the Ancient Olympics?

2. Who drew up the rules of boxing?

3. What is a weight division?

4. Who has the right to stop a boxing match?

5. How long is a round in boxing?

6. Which martial art comes from Korea?

7. What does karate mean/

8. What is the Japanese art of sticking fighting called?

9. Are weapons used in karate?

10. Which sport is about throwing the opponent?

11. How much stronger are legs than arms?

12. Which is your favourite martial art and why? You do not have to choose a sport mentioned in this text. (4)

13. SOme people want martial arts banned. Why might this be? (3)


A dream of writing a novel


I bedreamt of strolling through Mayfair and other districts of Central London. The weather was a little overcast but not cold.

Iwas writing a novel. Later I was leafing through a handwritten book. I had not finisged the tale. In it there was a female Japanese cahractert. ALl the others were white. There was quite a lot of dialgoue. I do not remember the plot. The Pits had red it and left comments in red. Mainly she lauded me. However, she said that the Japanesewas the only well fleshed out charactr. She noted I had been writing down words to try to work into the story but these were mostly intellectual ones.

I tried to contact the Pits yesterday for the sake of contacting a young person with whom I need to speak. I wish to be more creative but am saddled with thisdashed law degree.