Land Law and Professional Advice Essay Example | Topics and Well Written Essays - 1000 words

Land Law and Professional Advice - Essay Example Since the completion of the sale agreement, various concerns have been raised, which are fully addressed to in this report. First, Miss Horrock in a letter dated 23rd January 2012, claims that a neighbour, Fred Furnace found some gold coins in the property which appear to be Roman. This raises the possibility of a treasure as defined under section 1 of the Treasure Act 1996. For the purposes of the coins, section 1(1)(a)(ii) read together with section 3(4) requires that, for a coin to fall under this Act, it must be one, which when found, is one of at least two coins found together. It must be at least 300 years old and have a percentage of precious metal. Hence, it shall be necessary to establish these claims, which if true means that the coins found satisfies the requirements laid down in the Act and, therefore, amount to a treasure. With regards to ownership of treasure, section 4 and 5 apply. Section 4 states that the ownership of the treasure vests in the franchisee, if there is one, otherwise in the crown. Section 5 defines a franchisee and subsection 1(b) is relevant to this case. It includes in the definition as successor in title who would have been the franchisee of the crown in a right of treasure trove for the place where the treasure was found. Therefore, the gold coins should vest in Poppy, who is the successor in title to Victor Majelin. ... This raises the question of fixtures and chattels on land. It is trite law that fixtures are part of the land while chattels are not. It shall, however, be necessary to ascertain the terms of the sale agreement. If the agreement show that only land and nothing else are being bought and sold, the purchaser buys everything affixed to land such as buildings, fences and trees (Drake et al 2007). If the vendor does not intend to include a certain fixture in sale, this must be stated in the agreement. On the other hand, where purchaser intends to purchase chattels, the intended chattels must be listed in the sale agreement. To ascertain whether an item is a chattel or a fixture, one has to check at the purpose of the annexation. If the object stood affixed for the enhanced enjoyment of the land, the object is likely to be a fixture, but if it were intended to be placed there for a temporary purpose or so that the property can be better enjoyed; it is likely to be a chattel. An example incl udes; tapestries as held in Leigh V Taylor [1902] AC 157, or ornamental panelling as held in the case of Spyer V Philipson (1931) 2 Ch. 183. It is necessary to look at the degree of annexation in order to decipher the purpose. If the object cannot be removed without causing significant damage, it is more likely to be a fixture though this is not conclusive, (Drake et al 2009). In this case, it is clear that the garden water feature which was cemented forms part of the land. The same shall apply with regards to the old range cooker per the presumptions made under the 2nd schedule of the standard sale agreement. With regards to the removable pebbles and a sprout, they are also fixtures with regards to their degree of annexation. Consequently she has

Marketing Planning Essay Example | Topics and Well Written Essays - 2500 words

Marketing Planning - Essay Example 256). In an effective way to overcome, this particular barrier, the top management should be actively involved in the process of marketing planning. Continuous update of the planning process also needs to be provided to them at regular intervals. Lack of line Support Hostility and non co operation on the part of the functional as well as divisional managers and personnel of the organization regarding the implementation of the newly designed marketing planning process is another factor that has to be taken into account in this case. It can be said that in order to overcome this particular barrier, the managers of the respective functions and division has to be increasingly convinced about how the effectiveness of the new process of marketing planning will lead to the process of better value proposition for the customers and thereby will promote significant growth of the company. Failure of in depth analysis The failure to conduct an in-depth analysis of the capability of the resources available to the company is another reason that can lead to the process of failure of marketing planning. To overcome this particular barrier, an internal audit has to be carried out by the company which will increasingly focus on the process of highlighting the resource capability and its probable effective utilization by the company. Lack of Synchronization The lack of proper co-ordination and synchronization between the departments of marketing and production of the company can also emerge as a barrier to effective marketing planning. In an attempt to overcome this particular barrier, it can be said that the application of an information system throughout the organization will be highly relevant. The application of the information system throughout the company will lead to the process of eradication of this particular barrier by significantly promoting a common platform which will promote synchronization of the marketing and production department. Regard Marketing Consultant. 4b . Strategic Planning process is a very important activity for any business organization (Simerson, 2011, p.1). It is a key factor in the business in regards to strategic management, which enables the company to provide directions, guidelines and boundaries to the functional and operational processes of an organization (Steiner, 1997, p.4). It can be increasingly said that the entire process of strategic planning is intended to focus on the forward progress of the business through the process of market development, product development as well as achieving significant share of the market and growth in revenue. The presence of a large number of macro factors that can bring a significant range of impact in the firm’s area of business environment leads to the process of providing a significant level of importance to the strategic planning process of the firm. It can be said that the strategic planning process undertaken by various business organizations helps them to prepare for t he impending uncertainties lingering in the business environment and thereby prepare backup plans and options, which will empower them to avoid complete disruption of the firms’ business processes. On the other side, it can be said that the marketing planning process enables the marketing teams of organization to focus on the processes of generation, communication, distribution and capture of values from the target audience, while