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Article
Publication date: 27 September 2013

Martin Dixon

The purpose of this paper is to analyse whether title to land is secure in England and Wales when registered under the Land Registration Act 2002, in particular when a title is…

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Abstract

Purpose

The purpose of this paper is to analyse whether title to land is secure in England and Wales when registered under the Land Registration Act 2002, in particular when a title is registered without the proprietor being able to establish good title under pre‐registration rules of property law.

Design/methodology/approach

This paper analyses reported judgments, with particular emphasis on the decision in Walker v. Burton [2012].

Findings

The paper identifies an uncertainty at the heart of the registration system: the uncertainty as to the extent to which a registered title may be rectified to remove the proprietor. This is acute when it appears that the registered proprietor has no claim to the land other than by reason of his registration. There may be a difference in this regard between intangible property titles and tangible titles.

Originality/value

The Land Registration Act 2002 is meant to replace registration of title with title by registration. The real force of this is only now being realised and there are few reported judgements, and less consistency, working out what this means in practice.

Details

International Journal of Law in the Built Environment, vol. 5 no. 3
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 11 April 2016

Una Woods

This paper aims to examine the remedies currently available in Ireland to resolve boundary disputes to assess the importance of the role played by adverse possession in this…

Abstract

Purpose

This paper aims to examine the remedies currently available in Ireland to resolve boundary disputes to assess the importance of the role played by adverse possession in this context. It also examines the potential impact of certain reforms in this area of law.

Design/methodology/approach

The research methodology is primarily doctrinal, although a comparative approach is adopted for the purposes of assessing whether certain lessons can be learned from recent reforms to the English law on adverse possession and the Australian approach to resolving boundary disputes, which relies heavily on mistaken improver and building encroachment legislation.

Findings

This paper demonstrates how the current law leaves certain mistaken improvers or encroachers on neighbouring land without a remedy, as they cannot rely on the doctrine of proprietary estoppel or adverse possession. If Ireland decides to replicate the English good faith requirement in relation to adverse possession of boundary land, the remedial vacuum facing these mistaken improvers or encroaching builders will become more pronounced. It is submitted that any such reform should be supplemented by the introduction of legislation akin to that operating in Australia which would facilitate the consideration of a broad range of factors and provide for flexible remedies to resolve such difficulties. It is also submitted that the legislation imposing such a good faith requirement should be carefully drafted to avoid the potential interpretative difficulties associated with the English reforms.

Originality/value

Boundary disputes are an unfortunate fact of life. The prevalence of boundary disputes and high costs associated with boundary litigation makes this review and critique of the current law and potential reforms highly relevant.

Details

International Journal of Law in the Built Environment, vol. 8 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 20 February 2017

Raymond Talinbe Abdulai and Edward Ochieng

The assertion that land registration guarantees landownership security is common knowledge. Thus, efforts at securing landownership in particularly, the developing world have…

1279

Abstract

Purpose

The assertion that land registration guarantees landownership security is common knowledge. Thus, efforts at securing landownership in particularly, the developing world have concentrated on the formulation and implementation of land registration policies. However, over the years, whilst some studies claim that land registration assures security, a lot of other studies have established that security cannot be guaranteed by land registration. Also, there is evidence from research that has shown that land registration can be a source of ownership insecurity in some cases. The purpose of this paper is to critically analyse the underpinning principles of land registration and their application in order to establish whether or not land registration can actually guarantee ownership security.

Design/methodology/approach

It is a literature review paper that looks at the existing literature on landownership, security and land registration systems. The land registration principles that have been subjected to critical analysis are the publicity function of land registration, the legality of ownership emanating from land registration and the warranty provided by the State in land registration, specifically, under the Torrens system.

Findings

An analysis of the underpinning principles of land registration shows that land registration per se cannot guarantee ownership security and this helps to explain the findings of the numerous studies, which have established that landownership security cannot be assured by land registration. The paper concludes by identifying the right role of land registration as well as a mechanism that can effectively protect or secure landownership.

Practical implications

Land registration policies and programmes in the developing world are often funded by the international donor community and the findings provide useful insights regarding the actual role of land registration and for policy change in terms of what can secure landownership.

Originality/value

Even though there are two schools of thought regarding research on the link between land registration on one hand, and landownership security on the other, none of the studies has made an attempt to consider the nexus by critically examining the principles that underpin land registration to support their arguments.

Details

Property Management, vol. 35 no. 1
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 14 August 2020

Rajat Kumar Behera, Pradip Kumar Bala and Rashmi Jain

Any business that opts to adopt a recommender engine (RE) for various potential benefits must choose from the candidate solutions, by matching to the task of interest and domain…

Abstract

Purpose

Any business that opts to adopt a recommender engine (RE) for various potential benefits must choose from the candidate solutions, by matching to the task of interest and domain. The purpose of this paper is to choose RE that fits best from a set of candidate solutions using rule-based automated machine learning (ML) approach. The objective is to draw trustworthy conclusion, which results in brand building, and establishing a reliable relation with customers and undeniably to grow the business.

Design/methodology/approach

An experimental quantitative research method was conducted in which the ML model was evaluated with diversified performance metrics and five RE algorithms by combining offline evaluation on historical and simulated movie data set, and the online evaluation on business-alike near-real-time data set to uncover the best-fitting RE.

Findings

The rule-based automated evaluation of RE has changed the testing landscape, with the removal of longer duration of manual testing and not being comprehensive. It leads to minimal manual effort with high-quality results and can possibly bring a new revolution in the testing practice to start a service line “Machine Learning Testing as a service” (MLTaaS) and the possibility of integrating with DevOps that can specifically help agile team to ship a fail-safe RE evaluation product targeting SaaS (software as a service) or cloud deployment.

Research limitations/implications

A small data set was considered for A/B phase study and was captured for ten movies from three theaters operating in a single location in India, and simulation phase study was captured for two movies from three theaters operating from the same location in India. The research was limited to Bollywood and Ollywood movies for A/B phase, and Ollywood movies for simulation phase.

Practical implications

The best-fitting RE facilitates the business to make personalized recommendations, long-term customer loyalty forecasting, predicting the company's future performance, introducing customers to new products/services and shaping customer's future preferences and behaviors.

Originality/value

The proposed rule-based ML approach named “2-stage locking evaluation” is self-learned, automated by design and largely produces time-bound conclusive result and improved decision-making process. It is the first of a kind to examine the business domain and task of interest. In each stage of the evaluation, low-performer REs are excluded which leads to time-optimized and cost-optimized solution. Additionally, the combination of offline and online evaluation methods offer benefits, such as improved quality with self-learning algorithm, faster time to decision-making by significantly reducing manual efforts with end-to-end test coverage, cognitive aiding for early feedback and unattended evaluation and traceability by identifying the missing test metrics coverage.

Article
Publication date: 1 April 1968

Building Contract — Whether local authority's certificate of habitation conclusive against liability for structural defects.

Abstract

Building Contract — Whether local authority's certificate of habitation conclusive against liability for structural defects.

Details

Managerial Law, vol. 4 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 14 March 2008

Ibrahim F. Akoum

To review the literature on the relationship between growth, globalization, and poverty, and present empirical evidence on whether countries registering high growth rates do…

9226

Abstract

Purpose

To review the literature on the relationship between growth, globalization, and poverty, and present empirical evidence on whether countries registering high growth rates do necessarily succeed in reducing the incidence of poverty.

Design/methodology/approach

Notwithstanding data and methodological problems cited in the literature, this paper makes an effort to quantitatively examine the issue of statistical correlation between growth and poverty variables, through regressing the share of population in poverty on growth rates of countries for which data is available from World Bank surveys.

Findings

The paper concludes that countries registering high growth rates do not necessarily succeed in reducing poverty, thereby, holding that a wide‐ranging policy approach could be more effective in poverty reduction than the broad‐based growth policy approach.

Originality/value

The debate among academics and practitioners over the causal relationship between growth and poverty has not rendered any conclusive evidence that growth is a sufficient condition for reducing poverty, hence the difficulty facing policy makers on the most effective approach for poverty reduction. This paper is an attempt to contribute to this debate and assessing whether to embrace the broad‐based growth or pro‐poor growth policies.

Details

International Journal of Social Economics, vol. 35 no. 4
Type: Research Article
ISSN: 0306-8293

Keywords

Article
Publication date: 15 February 2021

Nik Abdul Rahim Nik Abdul Ghani, Ahmad Dahlan Salleh, Amir Fazlim Jusoh @ Yusoff, Mat Noor Mat Zain, Salmy Edawati Yaacob, Azlin Alisa Ahmad and Muhammad Yusuf Saleem

This paper critically aims to examine the concept of beneficial ownership and its application in musharakah-based home financing.

Abstract

Purpose

This paper critically aims to examine the concept of beneficial ownership and its application in musharakah-based home financing.

Design/methodology/approach

The study applies the method of juristic interpretation in analyzing the meaning of beneficial ownership in legal documentation of musharakah-based home financing. This qualitative study uses content analysis approach that investigates the works of Islamic scholars on the concept of ownership and evaluates the concept of beneficial ownership in musharakah-based home financing from the Islamic perspective.

Findings

The result finds that beneficial ownership is considered a true ownership, as Shari’ah allows the transfer of ownership based on the offer and acceptance in a contract. Furthermore, the absence of legal registration does not mean the absence of true ownership, whereas all documentations and agreements have clearly stated rights and liabilities of each contracting parties.

Originality/value

This paper provides a fiqhi discussion of analyzing beneficial ownership in musharakah-based home financing. It shows that Shari’ah parameters are essential for the use of beneficial ownership to ensure its compliance with the Shari’ah requirements of milkiyyah (ownership).

Details

Qualitative Research in Financial Markets, vol. 13 no. 2
Type: Research Article
ISSN: 1755-4179

Keywords

Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…

1371

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 16 October 2017

Nik Abdul Rahim Nik Abdul Ghani

The purpose of this paper is to critically study the application of beneficial ownership in sukuk ijarah by analysing the fiqh interpretation on the concept of beneficial…

1719

Abstract

Purpose

The purpose of this paper is to critically study the application of beneficial ownership in sukuk ijarah by analysing the fiqh interpretation on the concept of beneficial ownership.

Design/methodology/approach

This is a theoretical paper using content analysis approach that delves into the works of Islamic scholars on the concept of ownership and evaluates the concept of beneficial ownership in sukuk ijarah from the Islamic perspective.

Findings

The paper concludes that the beneficial ownership should be considered as true ownership because Shari’ah has allowed the transfer of ownership by a sole basis of contract (offer and acceptance). Although the sukuk holders are not registered as the legal owners in the Land Office, the documentations and agreements have clearly specified the owners and their liabilities.

Research limitations/implications

Empirical investigations into how sukuk holders are responsible for the underlying assets in sukuk ijarah.

Practical implications

It is therefore important to develop parameters for beneficial ownership to govern the use of the concept in Islamic finance.

Originality/value

The paper shows the fiqh interpretation on the beneficial ownership in sukuk ijarah while considering all the constraints and challenges in the implementation of sukuk.

Details

International Journal of Islamic and Middle Eastern Finance and Management, vol. 11 no. 1
Type: Research Article
ISSN: 1753-8394

Keywords

Article
Publication date: 27 April 2010

Jay Kalra, Lyndon Entwistle, Sudhir Suryavanshi and Rajeev Chadha

The purpose of this study was to determine the rate of concordance and discordance between clinical diagnosis and post‐mortem findings in patients admitted to the hospitals of the…

Abstract

Purpose

The purpose of this study was to determine the rate of concordance and discordance between clinical diagnosis and post‐mortem findings in patients admitted to the hospitals of the Saskatoon Health Region.

Design/methodology/approach

A retrospective record review of the medical and autopsy charts was carried out for all the deceased adult in‐patients admitted during calendar years 2002, 2003 and 2004. A total of 3416 in‐patient deaths were registered during the study period. Autopsies were performed on 206 of the deceased resulting in an autopsy rate of 6 percent. In accordance with selection criteria, 158 cases were included for this study. The mean age of subjects was 66.6±15.3 years with a range of 16‐94 years. The study group consisted of 92 males (58.2 percent) and 66 females (41.8 percent) with an average length of stay at the hospital of 12.9±10.9 days.

Findings

The concordance rate between clinical and autopsy diagnosis was found to be 75.3 percent. The discordance rate was 20.9 percent and in 3.8 percent of the study population a conclusive clinical or autopsy diagnosis was not finalized.

Practical implications

These results suggest that despite of the technical advances in medical and diagnostic modalities, diagnostic discrepancies in the present day health care system remain prevalent.

Originality/value

The authors encourage residents and physicians to continue using autopsy as an important tool to extend understanding of disease processes.

Details

Clinical Governance: An International Journal, vol. 15 no. 2
Type: Research Article
ISSN: 1477-7274

Keywords

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