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South Africa Land Reform Essay
Land reform is generally defined as relating to the modification of laws, regulations or customs, on the subject of land ownership. It usually
encompasses allocations of land ownerships or rights. These transfers could be from a small land owner to government owned cooperative allotments
or vice versa. Land reform is an extreme political progression that could cause tensions and conflicts between the individuals involved in the
rearrangements, usually originating from dissatisfaction from the losing side. The political aspect of reform is very difficult to elude given the
outcome of changes in land tenure arrangements on the social and class structure they represent.
There are both advantages and disadvantages to land reform. One of the...show more content...
Most of the time people don't care who doesn't have as long as they have enough and able to accumulate more. so in this process there might be a
need for protest and violence which might end up claiming a lot of lives. For example the land reform of Zimbabwe took three decades before it was
finalized and resolved. A child born when it was started/ initiated was thirty years old by the time it ended. In the Philippines, indigenous people are
subjected to major financial hindrances and complications to obtaining their lands under the Indigenous Peoples' Rights Act, as the expenses of
carrying out land surveys have to be taken care of by the communities. Some communities are even fractionally repossessing their lands, to reduce the
survey expenses to what they can have the funds for. And in the case ofsouth Africa, Land reform has fallen far short of expectations and objectives in
every respect: in the quantity of land reallocated, in the mitigation of poverty and unemployment, in the reformation of the agrarian budget to generate
opportunities for previously underprivileged individuals and in protecting small farmers and farm workers from eviction. Less than 7% of land has
been redistributed to date, and there is no probability that the objective of 1/3 will be accomplished even by the year 2025.
Land queries have
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Land Law and Tenant
Question 1
This Problem concerns the enforceability and remedies of leasehold covenants between landlords and tenants, and their successors in title. The ground
floor lease is granted before 1 January 1996 and so the covenants are governed by a mixture of statute and common law. The first and second floor
leases were granted in 2001 after the coming into force of the Landlord and Tenant (Covenant) Act 1995 and are dealt with under this statutory regime.
Ground Floor
On the facts the original landlord, Larry and the Original tenant Tariq have assigned theirleasehold estate. Clearly the original parties are bound to each
other in contract to perform the covenants contained in the lease. Tariq liability continues throughout the...show more content...
First Floor
The enforceability of the two covenants raises similar issues to those considered above, save that the lease is granted on or after 1 January 1996, the
Landlord and Tenant (Covenants) Act 1995 is applicable. This makes no distinction between personal and proprietary covenants. Consequently, all
leasehold covenants will run to assignees of the reversion of the lease irrespective of whether they touch and concern or have reference to the subject
matter of the lease provided they are not expressed to be personal ss2 and 3 LTCA In Ron's case, therefore, the original tenant's covenant not to
use the first floor other than for the purpose of a recording studio and to allow Larry to use the studio on one day during the Christmas season to
record a Christmas carol for his parents, may well run to assignees as neither are actually expressed to be personal, even though the latter is personal
under the pre –1996 Swift test.. Also by force of statute, the benefits and burdens of the leasehold covenants pass to assignees. There is no need to
prove privity of estate or plead ss141 of the LPA this rule is irrelevant for LTCA leases s3 of the LTCA. The original tenant Sean is released from
liability on assignment, subject only to possibility of being required to guarantee the assignee under an Authorised Guarantee Agreement (AGA) ss 5
and 16 of the LTCA.
With the above principles in mind Ron cannot
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The Land Act Of 1913 Essay
The Natives Land Act of 1913, or "Plague Act" marked a paramount moment where, "the South African Native found himself, not actually a slave, but a
pariah in the land of his birth." (Plaatje, 1). And like any plague, the repercussions remained rampant and long–lasting, not only through the hillsides,
hollows, houses and cities but though the memories of those who experienced land dispossession and those who continue to experience its legacies.
This paper will focus on the commemoration of this act by examining the essay: Umhlaba 1913 to 2013: Commemorating the 1913 Land Act (based on
the exhibition), further comparing it to Sean O'Toole's review ‑ titled the same. This paper will investigate the purposes of commemorations and
how how we understand them, because while they construct tributes to the past they further create moments of alienation and trauma to the individuals
who still experience the aftermath. This essay will, additionally, examine how commemorations reinforce collective memory, map mental geographies
of the past and how they attempt to create closure for loss though I hope to reiterate that this is not always the case. It is also important to look not only
at the subject of commemorations but the relationship between materiality and memory; how a photograph can carry memories within and beyond the
land. Before one can comprehensively continue with the significance of commemorations and preserved memory, it is vital to look at the Natives Land
Act of 1913
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Why Study Law Essay
Why study law? I think law is a course where you can practice practical skills and gain other skills too. Law is human rights; it is solving people's
problems and getting to know what people go through. Firstly I want to study law because of the injustices that still exist in the world we are in and
it bothers me a lot. I want to be the one that can change it. I want to be the one that will help people and get them justice. I want to the society to be
equal and I want to fight for some human rights. I want to be a lawyer or an investigator in crime scenes because I love solving problems which are
between two people and think about which option is the best to set and go for. I am a good listener and I like taking risks. I want to be...show more
content...
I think studying abroad makes you gain some self confidence and know how to handle responsibilities by yourself. I will be able to rebuild my life
from scratch. I will get to meet different people who lead to different cultures and I will meet an entirely new culture. I will get to ask the friends I will
make about how is law back in their countries. How does their law differ from ours? I will be able to explore the world, the world that I yet didn't
see. I will get to see how education is in different countries and get to experience it. Being an international student will help meet other international
students and I will get to ask and see how cultures differ and what are their traditions are like. The steps I take are my future; I am the one who
move my feet towards the goal I want. It is what I want to be and what I will hopefully be. There isn't anyone who could stop me from being what or
who I want to become. Yes I will be alone and I will get lost a lot of times but that is part of rebuilding who I am. That'll teach me loads of things I
never knew and I will learn more about
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Land Act Mauritius
LAND (DUTIES AND TAXES)
Act 46 of 1984 – 16 July 1984 ARRANGEMENT OF SECTIONS PART I– PRELIMINARY Short title Interpretation PART II– REGISTRATION
DUTY 3 Duty leviable PART III– LAND TRANSFER TAX 4 Levy of land transfer tax 5 Exemption 6 Declaration by transferor 7 Penalty for incorrect
declaration PART IV– CAPITAL GAINS 8 Interpretation 9 Levy of capital gainstax 10 Sale price and cost of infrastructure works 11 Contents of deed
PART V– 12–15 PART VI– CAMPEMENT SITE TAX 16 Interpretation 17 Plan 18 Register 19 Declaration 20 Powers of authorised officer 21
Notice of entry on register 22 Removal of entry on register 23 Campement site tax 24 Appeal to Minister 25 Service of notice 26 Burden of proof
PART VIA– TAX ON TRANSFER OF 26A...show more content...
a partnership by a person who withdraws 'se dГ©sintГ©resse' from the partnership without taking back the property 'apport' which he originally
brought into the partnership; (iii) any immovable property owned by a company which is attributed, on winding up, liquidation or dissolution of the
company or in any other manner, to a shareholder of the company; (iv) any immovable property owned or purchased by a partnership which is
attributed, on its dissolution, to any of the partners of the dissolved partnership; (v) any immovable property brought by way of an 'apport' by a partner
in a partnership which is attributed, on its dissolution, to any of the partners of the dissolved partnership; "stated amount" means the amount specified
in a notice served by the Registrar–General under section 27 or 28; "tax"– (a) means the tax payable under Parts III to VIA; and (b) includes any
surcharge on tax and penalty or interest imposed under this Act; "transaction" means any operation creating, transferring or extinguishing a right of
obligation; "transferor" includes – (a) the lessee of an immovable property; (b) in the case of an exchange, any party who transfers property; (c) in the
case of a partnership, the property of which is, on its dissolution, attributed to any of the partners of the dissolved partnership immediately before its
dissolution; (d) in the case of any person withdrawing as a partner from a partnership, the person who so withdraws 'se dГ©sintГ©resse' without taking
back
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The Law Of The Land
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and
no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the
persons or things to be seized."
When the United States was formed in the 17th century, judges looked to English practice for guidance in their court proceedings. Regarding search and
seizures, common law limited official power from English authorities to search private residences. It was not until the Constitution and the Bill of
Rights were established that gave citizens inalienable rights and guaranteed protection from their own government....show more content...
William Howard Taft, Chief Justice of the United States Supreme Court from 1921 to 1930, was particularly excellent at constitutional law, but
extraordinarily bad at reading public opinion and the nature of how society changes over time. With this mixture of talent and misfortune, he was
able to effectively broaden the constitutional scope of warrantless legal search and seizures, giving wireless materials as well as situations where it
is not practical exceptions from the requirements to obtain a warrant. Currently up for decision in the Supreme Court is Riley v. California, a search
and seizure case which involves the confiscation of a mobile phone. This paper will trace the evolution of search and seizure laws in the United
States to describe how different eras in time also included different interpretations of the laws. An evaluation of William Howard Taft's contribution
towards the area will also be included. The other purpose of this paper is to explain the history of Riley v. California's issue and circumstances, as
well as providing an informed hypothesis on how William Howard Taft would have decided the case. Before the Constitution was founded in the
United States, colonies relied heavily on common law adopted from English precedent to decide on cases in their courts. Eighteenth century law
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Land Law 19th Century
The land and business interests in Western New York were highly connected to the politics of infrastructure. Land and Business interests lobbied the
state government for the creation of canals and railroads, due to their tendency to increase trade and the value of land in the surrounding area. For
instance, the agricultural developer and politician, Asahel Cole, of Friendship, lobbied for the construction of the Genesee Railway and was appointed
by the state legislature to manage the project. By the time of the 1840's the Whig Party managed to establish significant support among voters in the
region by championing infrastructure projects as a means of economic development. In the course of 19th century, various railroads and canals were
constructed,...show more content...
For instance, the lakefront property of Buffalo became less valuable, as it had its buildings burned by British in the War of 1812, recovered during
the period of reconstruction, and grew to be more valuable after the Erie Canal and the new Buffalo harbor were established. Many formerly barren
parts of the region, became more valuable after Asahel Cole developed the Underground Irrigation technique in the 1850's made them agriculturally
viable. Villages which stared out with log houses and dirt roads in the earlier part of the 19th century, often ended up with frame and brick houses,
market places, shops, craft places, schools, churches, post–offices, paved streets, and other elements of spatial–social development by the late 19th
century. As more land plots came to be in the hands of small landholders, and the old large estates shrunk, the commodity of land became more about
transferring between small land holdings. As settlements were established and the general spatial order was set, the commodity of land changed to be
more about the modifying of the sub–elements to change the suiting tastes of owners and the continuing social
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Easements Land Law
In the past, English law has been underpinned by a strong and generally unifying desire to protect the rights of persons who could demonstrate a long
established de facto enjoyment of land. Indeed, the Prescription Act 1832 legislatively entrenched prescription, and in particular, prescriptive
easements. The underlying assumption was that the principle of prescription was necessary to reconcile the conflicting interests of landowners
The basis of prescription is that if long enjoyment of a lawful right is shown, the courts will uphold the right by presuming it had a lawful origin. There
are three types of prescription, namely, prescription at common law, prescription under the doctrine of lost modern grant and prescription under the
...show more content...
It also has been criticised for being overly complex. Various shortcomings of the act have been outlined in cases and by critics. One of the outlined
flaws is that the period of 20 years to find a prescriptive right under the act has to be the 20 years next before action brought. Therefore the period
must be calculated back from "some suit or action wherein the claim or matter to which such right may relate shall have been or shall be brought
into question" . This means that even though the right may have been enjoyed for the past 80 years, the claim will fail unless the last 20 years
immediately before the action have been "without interruption". The claim will also fail if both tenements had been owned or occupied by the same
person anytime immediately before the action. The minimum period of 20 years has to be "next before action" and without interruption. If the
interruption originated 19 years and one day prior to the action, the year's interruption would not be completed until one day after 20 years. If the
dominant owner did not make his claim before the last day of the year he would be too late. As on the next day the fatal period on one year's
interruption would be complete, thus he only has one day only in which to make his claim. The use of vague vocabulary such as the term "interruption"
has amounted to masses of criticisms. Interruption has a special meaning for the purposes of prescription act, it says that even when there is some
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South Africa Land Reform Essay

  • 1. South Africa Land Reform Essay Land reform is generally defined as relating to the modification of laws, regulations or customs, on the subject of land ownership. It usually encompasses allocations of land ownerships or rights. These transfers could be from a small land owner to government owned cooperative allotments or vice versa. Land reform is an extreme political progression that could cause tensions and conflicts between the individuals involved in the rearrangements, usually originating from dissatisfaction from the losing side. The political aspect of reform is very difficult to elude given the outcome of changes in land tenure arrangements on the social and class structure they represent. There are both advantages and disadvantages to land reform. One of the...show more content... Most of the time people don't care who doesn't have as long as they have enough and able to accumulate more. so in this process there might be a need for protest and violence which might end up claiming a lot of lives. For example the land reform of Zimbabwe took three decades before it was finalized and resolved. A child born when it was started/ initiated was thirty years old by the time it ended. In the Philippines, indigenous people are subjected to major financial hindrances and complications to obtaining their lands under the Indigenous Peoples' Rights Act, as the expenses of carrying out land surveys have to be taken care of by the communities. Some communities are even fractionally repossessing their lands, to reduce the survey expenses to what they can have the funds for. And in the case ofsouth Africa, Land reform has fallen far short of expectations and objectives in every respect: in the quantity of land reallocated, in the mitigation of poverty and unemployment, in the reformation of the agrarian budget to generate opportunities for previously underprivileged individuals and in protecting small farmers and farm workers from eviction. Less than 7% of land has been redistributed to date, and there is no probability that the objective of 1/3 will be accomplished even by the year 2025. Land queries have Get more content on HelpWriting.net
  • 2. Land Law and Tenant Question 1 This Problem concerns the enforceability and remedies of leasehold covenants between landlords and tenants, and their successors in title. The ground floor lease is granted before 1 January 1996 and so the covenants are governed by a mixture of statute and common law. The first and second floor leases were granted in 2001 after the coming into force of the Landlord and Tenant (Covenant) Act 1995 and are dealt with under this statutory regime. Ground Floor On the facts the original landlord, Larry and the Original tenant Tariq have assigned theirleasehold estate. Clearly the original parties are bound to each other in contract to perform the covenants contained in the lease. Tariq liability continues throughout the...show more content... First Floor The enforceability of the two covenants raises similar issues to those considered above, save that the lease is granted on or after 1 January 1996, the Landlord and Tenant (Covenants) Act 1995 is applicable. This makes no distinction between personal and proprietary covenants. Consequently, all leasehold covenants will run to assignees of the reversion of the lease irrespective of whether they touch and concern or have reference to the subject matter of the lease provided they are not expressed to be personal ss2 and 3 LTCA In Ron's case, therefore, the original tenant's covenant not to use the first floor other than for the purpose of a recording studio and to allow Larry to use the studio on one day during the Christmas season to record a Christmas carol for his parents, may well run to assignees as neither are actually expressed to be personal, even though the latter is personal under the pre –1996 Swift test.. Also by force of statute, the benefits and burdens of the leasehold covenants pass to assignees. There is no need to prove privity of estate or plead ss141 of the LPA this rule is irrelevant for LTCA leases s3 of the LTCA. The original tenant Sean is released from liability on assignment, subject only to possibility of being required to guarantee the assignee under an Authorised Guarantee Agreement (AGA) ss 5 and 16 of the LTCA. With the above principles in mind Ron cannot
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  • 4. The Land Act Of 1913 Essay The Natives Land Act of 1913, or "Plague Act" marked a paramount moment where, "the South African Native found himself, not actually a slave, but a pariah in the land of his birth." (Plaatje, 1). And like any plague, the repercussions remained rampant and long–lasting, not only through the hillsides, hollows, houses and cities but though the memories of those who experienced land dispossession and those who continue to experience its legacies. This paper will focus on the commemoration of this act by examining the essay: Umhlaba 1913 to 2013: Commemorating the 1913 Land Act (based on the exhibition), further comparing it to Sean O'Toole's review ‑ titled the same. This paper will investigate the purposes of commemorations and how how we understand them, because while they construct tributes to the past they further create moments of alienation and trauma to the individuals who still experience the aftermath. This essay will, additionally, examine how commemorations reinforce collective memory, map mental geographies of the past and how they attempt to create closure for loss though I hope to reiterate that this is not always the case. It is also important to look not only at the subject of commemorations but the relationship between materiality and memory; how a photograph can carry memories within and beyond the land. Before one can comprehensively continue with the significance of commemorations and preserved memory, it is vital to look at the Natives Land Act of 1913 Get more content on HelpWriting.net
  • 5. Why Study Law Essay Why study law? I think law is a course where you can practice practical skills and gain other skills too. Law is human rights; it is solving people's problems and getting to know what people go through. Firstly I want to study law because of the injustices that still exist in the world we are in and it bothers me a lot. I want to be the one that can change it. I want to be the one that will help people and get them justice. I want to the society to be equal and I want to fight for some human rights. I want to be a lawyer or an investigator in crime scenes because I love solving problems which are between two people and think about which option is the best to set and go for. I am a good listener and I like taking risks. I want to be...show more content... I think studying abroad makes you gain some self confidence and know how to handle responsibilities by yourself. I will be able to rebuild my life from scratch. I will get to meet different people who lead to different cultures and I will meet an entirely new culture. I will get to ask the friends I will make about how is law back in their countries. How does their law differ from ours? I will be able to explore the world, the world that I yet didn't see. I will get to see how education is in different countries and get to experience it. Being an international student will help meet other international students and I will get to ask and see how cultures differ and what are their traditions are like. The steps I take are my future; I am the one who move my feet towards the goal I want. It is what I want to be and what I will hopefully be. There isn't anyone who could stop me from being what or who I want to become. Yes I will be alone and I will get lost a lot of times but that is part of rebuilding who I am. That'll teach me loads of things I never knew and I will learn more about Get more content on HelpWriting.net
  • 6. Land Act Mauritius LAND (DUTIES AND TAXES) Act 46 of 1984 – 16 July 1984 ARRANGEMENT OF SECTIONS PART I– PRELIMINARY Short title Interpretation PART II– REGISTRATION DUTY 3 Duty leviable PART III– LAND TRANSFER TAX 4 Levy of land transfer tax 5 Exemption 6 Declaration by transferor 7 Penalty for incorrect declaration PART IV– CAPITAL GAINS 8 Interpretation 9 Levy of capital gainstax 10 Sale price and cost of infrastructure works 11 Contents of deed PART V– 12–15 PART VI– CAMPEMENT SITE TAX 16 Interpretation 17 Plan 18 Register 19 Declaration 20 Powers of authorised officer 21 Notice of entry on register 22 Removal of entry on register 23 Campement site tax 24 Appeal to Minister 25 Service of notice 26 Burden of proof PART VIA– TAX ON TRANSFER OF 26A...show more content... a partnership by a person who withdraws 'se dГ©sintГ©resse' from the partnership without taking back the property 'apport' which he originally brought into the partnership; (iii) any immovable property owned by a company which is attributed, on winding up, liquidation or dissolution of the company or in any other manner, to a shareholder of the company; (iv) any immovable property owned or purchased by a partnership which is attributed, on its dissolution, to any of the partners of the dissolved partnership; (v) any immovable property brought by way of an 'apport' by a partner in a partnership which is attributed, on its dissolution, to any of the partners of the dissolved partnership; "stated amount" means the amount specified in a notice served by the Registrar–General under section 27 or 28; "tax"– (a) means the tax payable under Parts III to VIA; and (b) includes any surcharge on tax and penalty or interest imposed under this Act; "transaction" means any operation creating, transferring or extinguishing a right of obligation; "transferor" includes – (a) the lessee of an immovable property; (b) in the case of an exchange, any party who transfers property; (c) in the case of a partnership, the property of which is, on its dissolution, attributed to any of the partners of the dissolved partnership immediately before its dissolution; (d) in the case of any person withdrawing as a partner from a partnership, the person who so withdraws 'se dГ©sintГ©resse' without taking back Get more content on HelpWriting.net
  • 7. The Law Of The Land "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." When the United States was formed in the 17th century, judges looked to English practice for guidance in their court proceedings. Regarding search and seizures, common law limited official power from English authorities to search private residences. It was not until the Constitution and the Bill of Rights were established that gave citizens inalienable rights and guaranteed protection from their own government....show more content... William Howard Taft, Chief Justice of the United States Supreme Court from 1921 to 1930, was particularly excellent at constitutional law, but extraordinarily bad at reading public opinion and the nature of how society changes over time. With this mixture of talent and misfortune, he was able to effectively broaden the constitutional scope of warrantless legal search and seizures, giving wireless materials as well as situations where it is not practical exceptions from the requirements to obtain a warrant. Currently up for decision in the Supreme Court is Riley v. California, a search and seizure case which involves the confiscation of a mobile phone. This paper will trace the evolution of search and seizure laws in the United States to describe how different eras in time also included different interpretations of the laws. An evaluation of William Howard Taft's contribution towards the area will also be included. The other purpose of this paper is to explain the history of Riley v. California's issue and circumstances, as well as providing an informed hypothesis on how William Howard Taft would have decided the case. Before the Constitution was founded in the United States, colonies relied heavily on common law adopted from English precedent to decide on cases in their courts. Eighteenth century law Get more content on HelpWriting.net
  • 8. Land Law 19th Century The land and business interests in Western New York were highly connected to the politics of infrastructure. Land and Business interests lobbied the state government for the creation of canals and railroads, due to their tendency to increase trade and the value of land in the surrounding area. For instance, the agricultural developer and politician, Asahel Cole, of Friendship, lobbied for the construction of the Genesee Railway and was appointed by the state legislature to manage the project. By the time of the 1840's the Whig Party managed to establish significant support among voters in the region by championing infrastructure projects as a means of economic development. In the course of 19th century, various railroads and canals were constructed,...show more content... For instance, the lakefront property of Buffalo became less valuable, as it had its buildings burned by British in the War of 1812, recovered during the period of reconstruction, and grew to be more valuable after the Erie Canal and the new Buffalo harbor were established. Many formerly barren parts of the region, became more valuable after Asahel Cole developed the Underground Irrigation technique in the 1850's made them agriculturally viable. Villages which stared out with log houses and dirt roads in the earlier part of the 19th century, often ended up with frame and brick houses, market places, shops, craft places, schools, churches, post–offices, paved streets, and other elements of spatial–social development by the late 19th century. As more land plots came to be in the hands of small landholders, and the old large estates shrunk, the commodity of land became more about transferring between small land holdings. As settlements were established and the general spatial order was set, the commodity of land changed to be more about the modifying of the sub–elements to change the suiting tastes of owners and the continuing social Get more content on HelpWriting.net
  • 9. Easements Land Law In the past, English law has been underpinned by a strong and generally unifying desire to protect the rights of persons who could demonstrate a long established de facto enjoyment of land. Indeed, the Prescription Act 1832 legislatively entrenched prescription, and in particular, prescriptive easements. The underlying assumption was that the principle of prescription was necessary to reconcile the conflicting interests of landowners The basis of prescription is that if long enjoyment of a lawful right is shown, the courts will uphold the right by presuming it had a lawful origin. There are three types of prescription, namely, prescription at common law, prescription under the doctrine of lost modern grant and prescription under the ...show more content... It also has been criticised for being overly complex. Various shortcomings of the act have been outlined in cases and by critics. One of the outlined flaws is that the period of 20 years to find a prescriptive right under the act has to be the 20 years next before action brought. Therefore the period must be calculated back from "some suit or action wherein the claim or matter to which such right may relate shall have been or shall be brought into question" . This means that even though the right may have been enjoyed for the past 80 years, the claim will fail unless the last 20 years immediately before the action have been "without interruption". The claim will also fail if both tenements had been owned or occupied by the same person anytime immediately before the action. The minimum period of 20 years has to be "next before action" and without interruption. If the interruption originated 19 years and one day prior to the action, the year's interruption would not be completed until one day after 20 years. If the dominant owner did not make his claim before the last day of the year he would be too late. As on the next day the fatal period on one year's interruption would be complete, thus he only has one day only in which to make his claim. The use of vague vocabulary such as the term "interruption" has amounted to masses of criticisms. Interruption has a special meaning for the purposes of prescription act, it says that even when there is some Get more content on HelpWriting.net