Land Law Essay Example for Free

Land Law Essay Some of the essential requirements of easements are the presence of a dominant and a servient tenement. In general, dominant tenements are estates that are either fee simple or leasehold; moreover, easements cannot exist in gross or in the absence of a dominant tenement. Further, it is essential for an easement to bestow on the dominant tenement either a benefit or some form of accommodation. This makes it mandatory for the accrual of a tangible benefit to the dominant tenement. Consequently, the easement should make it possible for the dominant owner to utilize the dominant tenement to a greater extent and the benefit conferred must pertain to land. In addition, the dominant and servient tenements should be sufficiently proximate to each other. Moreover, the owner or occupant of the dominant and servient tenements should be different persons. Furthermore, such easement should be eligible to be made the subject matter of a grant by deed. Such a requirement further entails that the granted right is unambiguous, capable of adequately precise definition. In addition, such subject matter should be in concord with the nature of the easement, which in other words, connotes that the easement does not permit exclusive and unrestricted use of the land . Furthermore, the grantee must be competent, and not some indefinite entity. Such a grantee should possess an interest in the dominant tenement at the time of the grant. Moreover, a grantor who is competent to grant such a right should exist and while making the grant, the servient owner should possess an interest in the concerned tenement that is equal to or greater than the interest that devolves from the tenement. There are a few interests that exist in respect of the land bestowed on a land owner, which are conceded by the courts. In one important case, Hill v. Tupper , Pollack C B stated that â€Å"A new species of incorporeal hereditament cannot be created at the will and pleasure of the owner of property; but he must be content to accept the estate and the right to dispose of it subject to the law as settled by decisions or controlled by Act of Parliament† . Moreover, an easement should accommodate the dominant tenement. The right of easement provides a personal advantage; that is related to the land owned by that party. This right enhances the advantage of its enjoyment . There are four components that govern easement in order to accommodate dominant tenement. First, the right to easement requires an improvement in the position of the dominant tenement into an enhanced and convenient property instead of converting it into a personal advantage of the dominant owner. Second, the dominant and servient tenements need to be located proximally so that the easement provides a potential benefit to the dominant tenement. For instance, a track used for carts, which caters to the needs of the farmer and accommodates the farming activities of the farmer, could be located far away from the farm. Third, the users should be disconnected and fourth, there should not be any personal advantage. This had been established in the aforementioned case of Hill v Tupper, in which the owner of a canal leased the banks of the canal and the right to operate boats on the canal to the defendants. In this case the court held that the claimant had a personal interest and thus was precluded from defending against third party actions . Not every right that is granted in respect of land constitutes an easement. For instance, if one person gives another the right to cross his land, which is located at an appreciable distance from the other person’s land, then such a right is not an easement. This was clearly established in the Hill v. Tupper case, wherein the Basingstoke Canal owners extended exclusive rights to the plaintiff to hire boats that would be used for recreational purposes. This business of the plaintiff was jeopardized by the defendant who commenced to compete with him . Instead of filing a breach of contract against the owners of the Basingstoke Canal, the plaintiff, filed a case against the defendant pleading that the defendant was liable in nuisance to him. The Court of the Exchequer, which was hearing this case, expressed its lack of competency to generate, rights that were unrelated to the enjoyment of land and appropriate them to the land with the objective of forming a property in the grantee. However, the plaintiff did possess property that adjoined it . The reason for such a decision can be construed to be that the court was disinclined to permit a commercial benefit to be construed as an easement. This tendency of the courts is clearly established in the case of Moody v. Steggles. In this case an advertisement of a public house was displayed in the defendant’s adjoining land. The court held that the right under dispute pertained to the plaintiff’s business and therefore was unconnected to the right of easement. Thus the easement and the manner in which the land had been occupied were intimately connected . The court decided in the case of London and Blenheim Estates V Ladbrokeretail Parks that a tenement that was dominant had to be adequately identified as such and that it must be sufficiently described so as to render the easement binding on the servient tenement. The appellate court held that it was inadequate to merely grant the right to nominate unspecified land as constituting a dominant tenement in respect of an easement, in order to generate an interest in the land that would serve to bind successors in title to the servient tenement . It is essential for different persons to possess dominant and servient tenements, because an easement constitutes a right over somebody else’s property. Pollock CB, made the distinction between proprietary and personal rights, crystal clear when he opined that ‘A grantor may bind himself by covenant to allow any right he pleases over his property, but he cannot annex to it a new incident, so as to enable the grantee to sue in his own name for an infringement of such a limited right as that now claimed. The sum and substance of this statement is that a number of rights can be created that are governed by contract. Further, it is permissible for a leasehold tenant or a fee simple owner to grant easements. However, a tenant can do so only during the pendency of the lease. If these requirements are not fulfilled, then there is no easement, despite the possible existence of a restrictive covenant, license or lease. With the case of Hill v. Tupper it became evident that an easement must accommodate the dominant tenement. For an easement to be valid, it has to necessarily bestow some benefit on the land, rather than on the owner. In the Hill case the servient tenement was a waterway and lease granted to the claimant was in respect of some land that adjoined this canal. In addition, the claimant was exclusively permitted to make available pleasure luxury boats on this canal. The court however, held that the conduct of business on the servient tenement was insufficient to bestow an easement on the claimant and that it constituted nothing more than a license. Moreover, the court held that the claimant was making a blatant claim to ensure a commercial monopoly. Furthermore, the court decided that no easement could specify the exclusive use of a servient tenement in order to exclude other reasonable users . In Dyce v. Hay there was a claim that all the Queens subjects had the right to go at all times upon the†¦appellants property†¦for the purpose of recreation. It was held that There can be no prescriptive right in the nature of a servitude or easement so large as to preclude the ordinary uses of property by the owner of the lands affected . As per Lord St. Leonards, the class of servitudes and easements should change and widen in their applicability in accordance with the changes in society and the human condition . This opinion has to be interpreted, while bearing in the mind the maxim that English law does accord, with the exception of statute, recognition to an easement in its entirety. In other words easement should be restrictive. The judgment in the Dyce case makes it very clear that the judiciary was not disposed to expanding the category of easement in order to include rights that had not been recognized by the extant statute. In general some rights are not recognized by the courts as easements. These are a right to a view; a general right to loiter on some other person’s property and a right to shelter oneself from the elements with the help of neighbouring buildings. However, it was clearly demonstrated in the Dyce case that such a list of rights is not conclusive and could be expanded if so required. Although, the list of rights that could be construed to be easements cannot be enumerated, nevertheless, such rights should be similar to those rights that have been accorded the status of easements by law. However, the courts have been reluctant to permit new rights to be accorded the status of easements.

My Philosophy of Education :: Teaching Philosophy Education School Essays

My Philosophy of Education I believe that the Foreign Language classroom should be one that not only teaches how to speak a language, but also how to survive in the growing, and very diverse communities that we live in and that our students live in. Students should learn about the culture that corresponds to the language that they are learning, and teachers should promote diversity and acceptance among all ethnic groups, including the people of the target language. Students should be in a classroom where they feel comfortable enough to experiment with the new language. I think that a teacher should always be responsive to their students, and should never be reprimanded for trying to answer or ask a question. I also believe that students should be exposed to a variety of different interpersonal, interpretative, and presentational communication activities. I believe students should also have a say in what they would like to learn in the foreign language classroom. There should be a wide selection and variety of authentic materials in every classroom. This could mean anything from Spanish story books, Spanish music, Spanish and Latin American Art hung on the walls, menus, greeting cards, etc. Students should feel immersed in the culture and the language, and teachers should use these materials as well as the textbook. However, the textbook should not be the only material used in teaching the language. If possible, from time to time, studen ts should take trips to authentic cultural events or restaurants. I think that every teacher should give their students a purpose for doing their assignments. These purposes should not just include getting a grade. Students can do so much, such as organizing a cultural dance at their school, singing holiday carols in the target language around the school, putting on a play based on authentic Hispanic folk tales. Finally, I believe that being a good teacher means teaching his or her students the best way possible and making sure that every students gets the most out of the class. Every lesson and every unit should be written with the five C's in mind: Communication, Connections, Culture, Comparisons, and Communities. My Philosophy of Education :: Teaching Philosophy Education School Essays My Philosophy of Education I believe that the Foreign Language classroom should be one that not only teaches how to speak a language, but also how to survive in the growing, and very diverse communities that we live in and that our students live in. Students should learn about the culture that corresponds to the language that they are learning, and teachers should promote diversity and acceptance among all ethnic groups, including the people of the target language. Students should be in a classroom where they feel comfortable enough to experiment with the new language. I think that a teacher should always be responsive to their students, and should never be reprimanded for trying to answer or ask a question. I also believe that students should be exposed to a variety of different interpersonal, interpretative, and presentational communication activities. I believe students should also have a say in what they would like to learn in the foreign language classroom. There should be a wide selection and variety of authentic materials in every classroom. This could mean anything from Spanish story books, Spanish music, Spanish and Latin American Art hung on the walls, menus, greeting cards, etc. Students should feel immersed in the culture and the language, and teachers should use these materials as well as the textbook. However, the textbook should not be the only material used in teaching the language. If possible, from time to time, studen ts should take trips to authentic cultural events or restaurants. I think that every teacher should give their students a purpose for doing their assignments. These purposes should not just include getting a grade. Students can do so much, such as organizing a cultural dance at their school, singing holiday carols in the target language around the school, putting on a play based on authentic Hispanic folk tales. Finally, I believe that being a good teacher means teaching his or her students the best way possible and making sure that every students gets the most out of the class. Every lesson and every unit should be written with the five C's in mind: Communication, Connections, Culture, Comparisons, and Communities.

Reflective Essay Essay

The aim of this essay is to prove an understanding of my perception of reflection and how reflective practice impacts on the clinical environment and the learning process. The essay is based on my practice and training in the cardiac ward during my Foundation degree in Health and Social Care. I have selected 5 extracts from my Reflective Journal concerning a patient experiencing shortness of breath which led to a cardiac arrest. In order to be able to use this situation for my reflective process the patient will be referred to as â€Å"Jane† for the maintaining of confidentiality according to the Nursery and Midwifery Council (NMC, 2008).I have chosen to discuss on the case of Jane as the situation I was confronted with at the time made me reflect on issues of decision and the importance of communication and interpersonal skills in the relationship with the patient. I will be using the What? Model of Structured Reflection (Driscoll, 2007) a framework that uses three simple que stions as guidance in reflective practice, namely What? So what? Now what? I have chosen this model as I believe is a practical solution that can be applied by health care professionals in a rapid and efficient manner. It stimulates an in depth meaningful reflective process that leads to an actual plan for future actions. According to Johns (2013) reflection can be viewed as a window through which a practitioner can see himself in the context of his practice and have a clear view of his/her experience, being able to make an analysis between what should be done and the actual practice. Searching for a deeper understanding of the decisions and actions taken in one’s activity can generate evolution of each professional and the development of his/her work practice (Benner, 2001). The process of reflection can be developed on two levels depending on its complexity and the details it comprises. Therefore reflection can be made in a deep and meaningful manner that considers all aspects of the situation or in a superficial manner that leads to solving problems based on factors such as tradition or work pressure (Lowe et.al, 2007). Another downfall of reflection can be the focusing on the negative aspects of the way a situation has been managed instead of concentrating on the potential for development based on a critical evaluation (Bradbury-Jones, et.al, 2009). When trying to improve knowledge from practice, there are several models of reflection aimed at directing individual reflection. Among them, the Gibbs’  model of reflection (1988, cited in Callara, 2008) has stages that include the description of the situation, feelings experienced during the situation, an evaluation regarding the positive and negative aspects, an analysis process followed by a conclusion which should include what could have been done in the situation and an action plan for future actions if a similar situation occurs (Gibbs, 1988, cited in Callara, 2008). Johns’ model of reflection (2013) on the other side focuses on questions regarding the intention of the action taken, the reason that was at the base of action, the practical and affective consequences on the patient, the patient’s family, the practitioner and his/her work colleagues. Johns (2013) also highlights the importance of influencing internal and external factors in the decisional process and the possible alternative solutions that could have been found. The reflection process suggested by Johns (2013) ends wi th a learning phase that aims at understanding the effects of the experience and how it reflects on practice. Although there are numerous reflective frameworks, none of them should be used as a rigid tool which asks questions that need to be answered. They are all intended to offer a certain structure of the reflective process and guide the practitioner towards deeper understanding (Lowe et.al, 2007). I have chosen Driscoll’s model as I believe it is a practical tool that allows free thinking and rapid understanding of the situation. Coward (2011) states that following a rigid model of reflection limits the thinking process and undermines the reflective process. Throughout my reflective process I have chosen to discuss also on the subject of decision making as the Code of Professional Conduct (NMC, 2008) underlines the fact that nursing practitioners are accountable for their decisions. During a working day in a hospital there are numerous clinical decisions that need to be made and as Dowie (1993, cited in Raynor, 2005) states, the decisional process is manly a choice between several alternatives. According to Burns and Bulman (2000) through reflection we can have a clear understanding of the reasons that lie behind our de cision. This is what I have learned during my training and through my clinical experience, that only thinking about the actions I take in different situations helps me evaluate my work and understand what further knowledge I need in order to become a professional. Writing a journal that detailed my thoughts and worries on specific situations I was confronted  with in the cardiac ward helped me learn and develop my skills, as Moon (2004) stated. Jane was a 60 year old lady diagnosed with valvular heart disease. She has been submitted in the hospital several times before as she experienced shortness of breath and released from the hospital when her condition stabilised. On that day I was helping the nurse observing the patients, taking vital signs and recording blood results. Her observations on that day were within normal limits, but even so she complained about shortness of breath. Her husband had just visited half an hour before and the breathing problems appeared after he left. The nurse asked her if she received any unsettling news from her husband because her state changed suddenly after he left. She told us that one of her sons was in town for a short period of time, came to visit not knowing she was in the hospital and left worried bac k home as he had to be back at work in the same day. The nurse told Jane that her son will be fine and probably will come back to visit very soon. However, I could see that Jane was feeling anxious and had a desperate look in her eyes. She repeated several times that she couldn’t breathe and the nurse told her that she will be alright if she tried to calm down and relax. The nurse didn’t seem to worry too much as the patient’s observations were within limits. Jane saw the fact that I was gazing at her while wondering if this is more than the observations might show. She took my hand and asked me not leave, because she needed someone by her side. At first I told her I would be there for as long as she wishes, but then I was called to help other nurses because they needed me in the ward. I assured her that I will come back. Unfortunately, the day passed very quickly and time came for me to go home. Before I left, I asked the nurse who was attending Jane about her condition and she said she was still upset about the news her husband have her, but that her medical conditions was within limits. When I returned the next day I was informed by the nurse that Jane suffered a cardiac arrest over the nigh t and although cardiac procedures were made nothing could be done and she was pronounced dead. My first thought after I heard the news was that probably, considering her heart condition nothing could have been done. However, after I read the journal and the notes I made in it about this case and applied the Driscoll model I began questioning about my actions and think about what I should be doing if a similar situations occurs. Reflecting on the incident made me wonder  whether I acted accordingly with the NMC (2008) which states that I am accountable for my actions and omissions even if I follow the advice of other professionals. This is what happened in this situation as well, as I felt and thought that there might be more than unsettling news that could be disturbing Jane. Even so, it is well-known the fact that stress influences the medical condition of patients with heart diseases and this could have been a hint that her condition might get worse (Meterko, et al, 2010). According to Basford (2003) anxiety and fear of the patient can be reduced if he/she receives the affective support of a nurse. I felt I didn’t do enough for Jane, as the least I could have done was to be there and talk to her and maybe her breathing would have come to a regular level. Basford (2003) highlights the importance of communication and interpersonal skills of nursing practitioners in their relationship with the patie nt. Being warm and appearing willing to listen and talk to the patients can sometimes make a big difference in someone’s medical condition. I believe that the lack of communication with the patient was the biggest mistake I made in this case. I feel know that if I stayed by her side and tried to comfort her she would have become more relaxed and perhaps wouldn’t have triggered the cardiac arrest. I think that at that time assuring her that it will all be alright and that feeling better was the most important thing for her and her son as well was the best thing to do. This was a point where the decision I made was not according to NMC (2008) as the relationship between me and the patient was broken because of lack of communication. This situation made me think about my communication skills and how important they are in my profession. Being assertive and saying what’s on my mind if I have a suspicion that more than what meets the eye might happen is what learned I should do in the future. Moreover, I think I still have to work on my empathy and compassion as I believe this would improve also the quality of the observations I make during the time I spend with patients. Reflecting on the action I took made me understand that guidelines cannot prepare me for all types of situations that can be met in the ward. They are very useful s guidance for the majority of cases, but most of the times it is the individual’s responsibility to act as he thinks it’s appropriate at the given time (Scott and Spouse, 2013). This assertion becomes more relevant especially when it comes to dealing with interpersonal issues that don’t  come across as essential tasks in dealing with patients. Focusing on the regular work practices and tasks most of the times takes our mind away from the interpersonal aspect and the fact that we are actually the ones that patients look at for compassion and relief (Rolf et.al, 2001). There are situations, as the case of Jane when listening and being by the patient’s side can bring more benefit than measuring their blood pressure or taking vital signs. Conclusion Reflection can vary from deep and meaningful to superficial inquiry. As I stated above the care for patients can be improved through reflective practice that leads to a plan of action for future situations. The case of Jane helped me understand the importance of communication and compassion in the relationship with the patient. Also, although I might not be the one most experienced in situation, I should have the courage to speak my mind and raise certain issues if I feel they could make a difference in the patient’s condition. Driscoll’s model of reflection made me understand the situation I was in, identify my learning needs and find ways through which I can improve my performance and patient care. I also believe that reflection also helps health care professionals become motivated and empowered by the feeling that they actually have a word to say in the care of the patient and that they can influence important situations and outcomes for their patients. References Benner, P., 2001. From Novice to expert: Excellence and Power in Clinical Nursing Practice. London: Prentice Hall Basford, L., 2003. Theory and Practice of Nursing: An Integrated Approach to Caring Practice. Nelson Thrones Bradbury-Jones, C. et.al, 2009. A new way of reflecting in nursing: the Peshkin Approach. Journal of advanced Nursing, 65 (11), pp.2485-2493 [online] Available at: http://www.onlinelibrary.wiley.com [Accessed the 15th of February 2014] Callara, L.E., 2008. Nursing Education Challenges in the 21st Century. Nova Publishers Coward, M., 2011. Does the use of reflective models restrict critical thinking and therefore learning in nurse education? What have we done? Nurse Education Today, 31(8), pp.883-886 [online] Available at: http://www.nurseeducationtoday.com [Accessed the 12th of February 2014]. Driscoll, J., 2007. Practising Clinical Supervision: A Reflective Approach for Healthcare Professionals. Elsevier Health Sciences Johns, C., 2013. Becoming a Reflective Practitioner; Oxford: Blackwell Science Ltd Lowe, M., Rappolt, S., Jaglal, S. and Macdonald, G., 2007. The Role of Reflection in Implementing Learning from Continuing Education into Practice. Journal of Continuing Education in the Health Professions, 27(3), pp.143-148 [online] Available at: http://www.onlinelibrary.wiley.com [Accessed the 18th of February 2014] Meterko, M. et al, 2010. Job Satisfaction of Primary Care Team Members and Quality of Care. American Journal of Medical Quality, 26(18), pp.8-9 [online] Available at: http://ajm.sagepub.com [Accessed the 15th of February 2014] Moon, J., 2004. Reflection in learning and professional development, theory and practice. Oxon: Routledge Falmer Nursing and midwifery Council (NMC), 2008. The code: standards of conduct, performance and ethics for nurses and midwives. London: Nursing and Midwifery Council Raynor, M.D.,et.al, 2005. Decision Making in Midwifery Practice. Elsevier Health Sciences Scott, I. and Spouse, J., 2013. Practice based learning in nursing, health, and social care: Mentorship, facilitation and supervision. Chichester: Wiley-Blackwell . Rolf, G., Freshwater, D. and Jasper M. (2001) Critical reflection for nursing and the helping professions: a users guide. Basingstoke: Palgrave Macmillan

Plagiarism By Robert J. Youmans - 900 Words

Plagiarism in the Classroom Plagiarism has long since been an issue- especially in the classroom. Students try to pass off other people’s work as their own, sometimes stealing ideas, other times even entire papers. In Melissa D’Annunzio’s Ted Talk, â€Å"The Punishable Perils of Plagiarism†, she illustrates the severity of plagiarism through an animated video. In the video, there’s a fake department in charge of tracking down people who plagiarize and then throwing them in jail. By making up this scenario, she shows just how serious plagiarism is, and how that is often highly underestimated. In the article â€Å"Avoiding Plagiarism†, Karl Stolley, Allen Brizee, and Joshua Paiz go into the different types of plagiarism- from unintentional to intentional and highlight some of the struggles students face when trying to avoid plagiarism. In the journal article â€Å"Does the Adoption of Plagiarism- detection Software in Higher Education Reduce P lagiarism?† by Robert J. Youmans, two studies are discussed, and it’s shown how even telling students that their work will be checked against plagiarism- detection software doesn’t keep them from plagiarizing. By looking at these three sources, and comparing and contrasting them, the issue of plagiarism can be greater realized. In the journal article â€Å"Does the Adoption of Plagiarism- detection Software in Higher Education Reduce Plagiarism, Youmans discusses two studies. In the first study, students in two classes from a university were randomly splitShow MoreRelatedPlagiarism Essay887 Words   |  4 PagesIntroduction Plagiarism is copying another persons ideas, words or writing and pretending that they are ones and one’s own work. Whenever another persons work is copied and republished without an appropriate reference it is considered plagiarism. Because it is so easy to copy and paste digital information, plagiarism in the information age has become a serious problem. The best way to avoid plagiarism is to avoid reading anything written by somebody else. In simple words plagiarism is kidnapping