Property law Case Study Example | Topics and Well Written Essays - 750 words - 1

Property law - Case Study Example This means that with Barney as the surviving owner, the actual owner of the piece of land was Barney and not Opie. In effect, Opie did not have the right to use the property as collateral, and the lender did not have legal possession in the property for foreclosure to take effect. Generally, foreclosure is applicable because foreclosure applies as a legal right given to a mortgage holder, who in this case was the lender to take total possession of the property or sell the property out so as to use the proceeds to pay an outstanding debt (Alfredo, 2012). The lender therefore had no covering for this as he had used a property that was not the legal ownership of the borrower. Hitherto, the only form of plea that can be available for Andy’s son is for him to seek repayment negotiations with the lender with more favorable terms of payment. As Barney’s lawyer also, a direct claim shall be made on the property forthwith. Abandoning of property for 20 years According to Article 1 to 40 of North Carolina Adverse Possession Law, The person in possession thereof, or defendant in the action, or those under whom he claims, has possessed the property under known and visible lines and boundaries adversely to all other person for 20 years. What this means that as the lawyer of Barnie, the best form of legal redress that can be sought to incriminate Ernest of his actions and thus get Barney back as the legal owner of the piece of land is by investigating into the time that Ernest had actually started any work on the land. This is especially important as construction of a cabin has already started taking place on the land. Even though Kubasek (2012) explains that adverse possession entitles a person to acquire ownership of property, with neither protest nor permission for the real owner, the North Carolina adverse possession law seems to supersede this in interpretation by giving a definite time frame when adverse possession can take effect. As investigations go on to claim the land back, law suits will also be made against the approach used by Ernest, which could be said to be a threat on the life of Barney. Eviction from residence due to eminent domain The eviction that Barney faces from his Carolina Beach residence is not just an ordinary eviction from a property but one that is explained in legal terms as eminent domain. In simple terms, this is a situation whereby the government is given the right to takeover a private property, once payment has been done for a purpose that benefits the general welfare (Kubasek, 2012). Since government has showed evidence that the property that was to be taken was going to be used for a resort, which will clearly generate jobs and income for the area, it is strongly posited that Barney would have no legal justification to litigate the claim of the property. As the lawyer however, what will be done is to ensure that the government through the town attorney is taken on its words to ensure that Barney gets the full compensation that is due him. In the bargain for compensation, it will not only be the market value of the property that will be looked at but also the personal interest that Barney will loss in having to relocate to a totally new

The theory to the Study of International Relations Essay

The theory to the Study of International Relations - Essay Example It is worthwhile to take a look at the above definitions and examine whether International Relations truly reflect the emotions and desires of the people of the erstwhile Soviet-bloc. It could help to understand the principles of Realism, Marxism, Liberalism, and Constructivism, the major international relations theories to substantiate this study. Equality was what it preached. No doubt, the business class had to share its spoils with the working class, but on the whole, Marxism sought to suppress the feudal system of class discrimination. Realism was more State oriented. It chose to look at national interests more than others. Security and power is their aim. Despite the fall of the cold war, America is seen as the global policeman. Despite rising poverty and unemployment at home, America is more preoccupied with interests elsewhere. Liberalism is what the younger generation craves for. Independence and basic needs and wants are their vision. In the light of the revelation, it has become clear that the critical theory of International Relations is a jig-saw puzzle indeed. In the words of the Mahatma: â€Å"Interdependence is and ought to be as much the ideal of man as self-sufficiency. Man is a social being. Without interrelation with society, he cannot realize his oneness with the universe or suppress his egotism. His social interdependence enables him to test his faith and to prove himself on the touchstone of reality† Mahatma Gandhi, 1929, sums up the real thoughts of our young couple at Trafalgar Square.... There are two schools of thought, one looks to strengthened international law and international organizations to preserve peace; the other emphasizes that nations will always use their power to achieve goals and sees the key to peace in a balance of power among competing states. (R. Aron, H. J. Morgenthau, F. S. Northedge, and M. J. Grieve, www.answers.com/topic/international-relations) In other words, International Relations are the relationship between people of different races and divide. The world order is changing. Technology has brought people much closer. There is a general consensus that mankind is one and that this world is for all to share it equally. So what was it that attracted the majority of communist nations turn to the Liberals and Realists Critical Analysis In the context, it is worthwhile to take a look at the above definitions and examine whether International Relations truly reflect the emotions and desires of the people of the erstwhile Soviet-bloc. It could help to understand the principles of Realism, Marxism, Liberalism, and Constructivism, the major international relations theories to substantiate this study. Realism is commonly defined as a concern for fact or reality and rejection of the impractical and visionary. (http://en.wikipedia.org/wiki/Realism#Realism_in_international_relations) Realists believe that hard power, a concept used in realism, refers to national power through military and economic means. This holds true with the foreign policy advocated by the United States. Realism focused on States and national interest. In a speech before his nation launched an offensive against Afghanistan, President Bush said, "We are supported by the collective will of the