Legal Assignment for Architecture Case Study Example | Topics and Well Written Essays - 1500 words

Legal Assignment for Architecture - Case Study ExampleA pledge is an agreement written under seal commonly used with reference to sales or leases of land. Covenants argon privately negotiated and agreed not necessarily obligating both parties involved, but a promise to perform or give something to the other party. The legal document is part of the deed of ownership and represents a binding wring between ii parties the arrangementor (the person bound to perform the promise or stipulation) and the covenantee (the person on whose save it is made). In this instance, Robert is the covenantor, one doing the favour, and stern is the covenantee, for whom the favour is intended. Favour at this instance is the retaining breakwater in Roberts property.Covenants argon subdivided into numerous classes. Restrictive covenant is a covenant which restricts the use of land, which is binding not only upon the new owner, but also upon the future owners of the land. A covenant real runs with the land and descends to the heir and is also transferred to a purchaser. If the original owner of Roberts land covenanted to maintain the contend, then the nature of the covenant is a restrictive covenant. Robert is induce by the restrictive covenant to maintain the retaining wall that already exists.Trying to get a covenant enforced is risky and can be expensive and time consuming. If a covenant is breached, John should consort if enforcement is possible by going through the courts. He would need to prove if his rights are affected. If Robert fails to maintain the retaining wall on his property and risks to alter or cause detriment to Johns property, John must show that the disrepair of the retaining wall amounts to liability on Roberts part.2. Does John have a right of keep up from the wall What is the nature and core of such a rightJohn has a right of lateral support from the wall. Since Johns property or soil had not been altered and it was in its natural state, thereby allow ing for the right of lateral support. Lateral support is the right of a landowner expected from the neighbouring property against any slippage, cave-in, landslide, flood, etc. In the case of the two owners, in addition to separating lands, the retaining wall serves to retain the earth. Although Johns land is at a much lower train than Roberts, he still has the right of lateral support since the right signifies maintaining the land in its natural position. Since Robert owns the retaining wall, it is his cartel to maintain the wall to prevent soil from slippage upon the adjoining property and that the damage or imminent damage is due to the natural state of his property, at this instance, the growing roots of a tree in his property. This impending damage on anothers natural state of property requires Robert to give due Johns right of lateral support.In this instance where Johns property is in danger of land slippage from Roberts property due to a caving or dishonored retaining wall that has been covenanted by Robert, caused by the growing trees in Roberts property, John may seek lateral support.3. female genitalia the tree be chopped down if it is subject to a tree preservation orderJohn needs to request from