Mines and mineral rights can be a tricky issue for developers or anyone looking to acquire a property. In law, there is a rebuttable presumption that when purchasing the registered title of a property that this registered title will include the property and all airspace above (up to the heavens) and all of the land below ground.
Proposed changes in the law to end the ‘blame game’ when a marriage comes to an end have recently been announced by the Justice Secretary marking a huge overhaul of the current law, which is close to 50 years old.
Usually a ransom strip is a strip of land lying between an adopted highway with public rights of way and a property or land and where crossing that land or laying services beneath that land could represent a trespass on the part of the owner of the property cut off from the Highway by the ransom strip.
Arbitration has many advantages over litigation, but one of the fundamental tenets behind arbitration, is the provision of a relatively inexpensive and quick means of resolving commercial and trade disputes.
One of the primary advantages of arbitration is the relative ease of enforcement of arbitral awards in states which are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
Finality is one of the key selling points of arbitration. Consequently, challenging an award before the English court is far from easy. There are obstacles in the path of any challenge or appeal and the available grounds are limited and closely scrutinised.
When a dispute arises which must, under the terms of an arbitration agreement, be referred to arbitration, the need might arise for urgent interim measures to protect a party’s position pending the outcome of the arbitration.