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Author Topic: I have inherited some property in York  (Read 8118 times)
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backwards7
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« on: January 03, 2007, 05:07:37 PM »

TO: The good people of York

FROM: Sam Bellamy


The untimely death of my uncle Harrison (who met his unfortunate end, smothered in the heaving bosoms of the great white whale of Newcastle Docks – Top Heavy Gerty) has left me in a position to give something back to my fellow islanders.

As my uncle’s sole heir, I inherited the extent of his estate, such as there was left of it. Among the keepsakes and knickknacks, are the deeds to a pair of wooden structures, both located in the town of York. Being a neighbourly individual, I have decided to put these properties to good communal use.

The first property is located at the coordinates -70.368, +26.313. I am advised, by men more learned than myself, that its location, close to the water, makes it an ideal venue for a sewerage treatment works. This informed opinion seems to be bourn out by the building’s current occupants, who I understand are already actively engaged in the recycling of raw sewerage back into the community.

Regarding the second property (located at -70.374, +26.313) I feel that I must apologise, on behalf of my late uncle, for the poor condition that it has been allowed to fall into. It is without one shadow of a doubt a hideous eyesore in the otherwise picturesque settlement of York. In our defence, I will add that the property has been occupied by men of coarse value, who have little regard for even basic cleanliness or sanitation.

I suggest that, rather than incurring the unnecessary expense of demolition and rebuilding, we instead use the structure as a communal pig sty, where our overweight, foul smelling animals may be quarantined in one place, ready to be slaughtered.

In closing I require no thanks for my generosity. The hospitality that I have received on my numerous visits to York is payment enough.


Yours

Sam Bellamy.
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FirstAmongstDaves
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« Reply #1 on: January 04, 2007, 12:18:58 PM »

The esteemed judge Justice Hart of York has handed down judgment on the probate:

Quote
It will be convenient to begin by restating a few basic principles relating to the concept of possession under law:

(1) In the absence of evidence to the contrary, the owner of the land with the paper title is deemed to be in possession of the land, as being the person with the prima facie right to possession. The law will thus, without reluctance, ascribe possession either to the paper owner or to persons who can establish a title as claiming through the paper owner.

(2) If the law is to attribute possession of land to a person who can establish no paper title to possession, he must be shown to have both factual possession and the requisite intention to possess (animus possidendi).

(3) Factual possession signifies an appropriate degree of physical control. It must be a single and conclusive possession, though there can be a single possession exercised by or on behalf of several persons jointly. Thus an owner of land and a person intruding on that land without his consent cannot both be in possession of the land at the same time. The question what acts constitute a sufficient degree of exclusive physical control must depend on the circumstances, in particular the nature of the land and the manner in which land of that nature is commonly used or enjoyedÖIt is impossible to generalise with any precision as to what acts will or will not suffice to evidence factual possessionÖEverything must depend on the particular circumstances, but broadly, I think what must be shown as constituting factual possession is that the alleged possessor has been dealing with the land in question as an occupying owner might have been expected to deal with it and that no-one else has done so.

(4) The animus possidendi, which is also necessary to constitute possession involves the intention, in one's own name and on one's own behalf, to exclude the world at large, including the owner with the paper title if he be not himself the possessor, so far as is reasonably practicable and so far as the process of the law will allowÖthe courts will, in my judgement, require clear and affirmative evidence that the trespasser, claiming that he has acquired possession, not only had the requisite intention to possess, but made such intention clear to the world. If his acts are open to more than one interpretation and he has not made it perfectly plain to the world at large by his actions or words that he has intended to exclude the owner as best he can, the courts will treat him as not having had the requisite animus possidendi and consequently as not having dispossessed the owner.

Applying these principles to a typical case that might arise where, in a suburban area, a paling fence has been mislocated in relation to the true boundary between adjoining properties for a period in excess of fifteen years, if there have been other acts of user that are contrary to the actual owner's interest and inconsistent with it--such as, establishing garden beds and the like--it is highly probable that a claim in adverse possession would be successful.

But in this case 15 years has not passed, and the inhabitants of these properties are in fact squatters and nust be expelled immediately or face contempt and imprisonment.

By Order
Justice Hart
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backwards7
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« Reply #2 on: January 04, 2007, 05:19:41 PM »

Excellent. I will journey to York at once and begin the eviction process.

It has been brought to my attention that the proposed site of the York sewerage treatment plant is currently some kind of drinking establishment. Clearly the serving of food and beverages cannot be allowed to continue in a place whose intended function is the dispsoal of human waste. However I am willing to employ any current residents as sewerage workers in a bid to keep unemployment to a minimum. 

Furthermore, the other property is apparently being used as a club house by a gang of young boys, who are spending their school holidays with their maiden aunt. In their spare time they like to pretend that they are policemen and solve mysteries around Shartak. Sorry lads, but you will have to move out and make way for the first delivery of pigs.

- Sam Bellamy
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« Reply #3 on: January 04, 2007, 06:10:11 PM »

OOC:

Much violence I foresee. Shocked
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Timothy Trust
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« Reply #4 on: January 04, 2007, 06:37:00 PM »

...hilarity ensues.
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FirstAmongstDaves
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« Reply #5 on: January 05, 2007, 02:31:35 AM »

I wonder if you can get an animal to enter a hut?

Fro example, if instead  of pigs, you could get an elephant to follow you into a hut, you could use the hut as elephant storage.
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Black Joe
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« Reply #6 on: January 05, 2007, 03:15:36 AM »

Animals can't enter huts. I know, because I once fought an elephant on the outskirts of York, ran into the nearest hut when I ran low on AP, and survived.

I don't know if the elephant survived, though.
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Timothy Trust
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« Reply #7 on: January 05, 2007, 07:19:17 PM »

I think one of my characters may have killed that elephant as a level 0, since the elephant was at very low HP just inside York's borders.
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Timothy Trust
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« Reply #8 on: January 05, 2007, 07:19:50 PM »

Though I'm sure that has happened more than once...
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Serious Sam
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« Reply #9 on: January 05, 2007, 07:43:07 PM »

This is a clear invasion of York under the pretence of ownership of civic buildings.

Sam Bellamy is a murderer and should he enter York he will he slaim.
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Nighter
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« Reply #10 on: January 06, 2007, 02:18:46 AM »

Furthermore, the other property is apparently being used as a club house by a gang of young boys, who are spending their school holidays with their maiden aunt. In their spare time they like to pretend that they are policemen and solve mysteries around Shartak. Sorry lads, but you will have to move out and make way for the first delivery of pigs.

- Sam Bellamy

If you are reffering to the Colonial Police HQ then we will of course look forward to you "trying" to evict us - you'll get the same treatment as the last time.

You continue to give your clan the "1st Imperial Privateers" a bad name in York when the rest of them seem to be peacefully setting up banks.
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« Reply #11 on: January 06, 2007, 11:53:31 AM »

Excellent. I will journey to York at once and begin the eviction process.

It has been brought to my attention that the proposed site of the York sewerage treatment plant is currently some kind of drinking establishment. Clearly the serving of food and beverages cannot be allowed to continue in a place whose intended function is the dispsoal of human waste. However I am willing to employ any current residents as sewerage workers in a bid to keep unemployment to a minimum. 

Furthermore, the other property is apparently being used as a club house by a gang of young boys, who are spending their school holidays with their maiden aunt. In their spare time they like to pretend that they are policemen and solve mysteries around Shartak. Sorry lads, but you will have to move out and make way for the first delivery of pigs.

- Sam Bellamy

haha, cute. Not gonna happen.
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FirstAmongstDaves
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« Reply #12 on: January 08, 2007, 12:07:16 AM »

Furthermore, the other property is apparently being used as a club house by a gang of young boys, who are spending their school holidays with their maiden aunt. In their spare time they like to pretend that they are policemen and solve mysteries around Shartak. Sorry lads, but you will have to move out and make way for the first delivery of pigs.

- Sam Bellamy

If you are reffering to the Colonial Police HQ then we will of course look forward to you "trying" to evict us - you'll get the same treatment as the last time.

You continue to give your clan the "1st Imperial Privateers" a bad name in York when the rest of them seem to be peacefully setting up banks.

The peacable banks are now being operated under a separate regime, and once one of the bank managers gets clan leadership as a skill, they'll split off entirely from the Imperials. Which should stop the somewhat schizophrenic conduct you're currently witnessing.
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Serious Sam
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« Reply #13 on: January 08, 2007, 12:55:39 PM »

Once again Dave shows himself to be the cloak and dagger sort. He stops his attacks with the Imperials on the OOP and sets up a bank only to attack with alts.

Dave I thought we all got along but no longer will i sit and ignore your blatant attacks on my clan. I even tried to see peace between the Imperials and OOP so we could all prosper but this is the way you repay a favour?
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FirstAmongstDaves
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« Reply #14 on: January 09, 2007, 12:23:59 AM »

I'm now about to disaggregate the banks from the Imperials. They operate as separate entities now but needed a branch manager to get clan leadership - but until that happens they can just resign their commissions.

So the Bank will shortly be a separate organisation, and the bank managers no longer members of the Imperials but mere non-combatants.

Which leaves members of the Imperials to pursue whatever property rights they may have in York without improper retribution on the Bank branches.
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