Wednesday, 31 July 2013
Tuesday, 30 July 2013
Real Property
Real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, etc. Real property and personal property are the two main subunits of property in English Common Law.
In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property "heritable property", and in French-based law, it is called immobilier.
Identification of real property
To be of any value a claim to any property must be accompanied by a verifiable and legal property description. Such a description usually makes use of natural or manmade boundaries such as seacoasts, rivers, streams, the crests of ridges, lakeshores, highways, roads, and railroad tracks, and/or purpose-built artificial markers such as cairns, surveyor's posts, fences, official government surveying marks.
Estates and ownership interests defined
The law recognizes different sorts of interests, called estates, in real property. The type of estate is generally determined by the language of the deed, lease, bill of sale, will, land grant, etc., through which the estate was acquired. Estates are distinguished by the varying property rights that vest in each, and that determine the duration and transferability of the various estates. A party enjoying an estate is called a "tenant."
Some important types of estates in land include:
Fee simple: An estate of indefinite duration, that can be freely transferred. The most common and perhaps most absolute type of estate, under which the tenant enjoys the greatest discretion over the disposition of the property.
Conditional Fee simple: An estate lasting forever as long as one or more conditions stipulated by the deed's grantor does not occur. If such a condition does occur, the property reverts to the grantor, or a remainder interest is passed on to a third party.
Fee tail: An estate which, upon the death of the tenant, is transferred to his or her heirs.
Life estate: An estate lasting for the natural life of the grantee, called a "life tenant." If a life estate can be sold, a sale does not change its duration, which is limited by the natural life of the original grantee.
A life estate pur autre vie is held by one person for the natural life of another person. Such an estate may arise if the original life tenant sells her life estate to another, or if the life estate is originally granted pur autre vie.
Leasehold: An estate of limited duration, as set out in a contract, called a lease, between the party granted the leasehold, called the lessee, and another party, called the lessor, having a longer lived estate in the property. For example, an apartment-dweller with a one year lease has a leasehold estate in her apartment. Lessees typically agree to pay a stated rent to the lessor.
A tenant enjoying an undivided estate in some property after the termination of some estate of limited duration, is said to have a "future interest." Two important types of future interests are:
Reversion: A reversion arises when a tenant grants an estate of lesser maximum duration than his own. Ownership of the land returns to the original tenant when the grantee's estate expires. The original tenant's future interest is a reversion.
Remainder: A remainder arises when a tenant with a fee simple grants someone a life estate or conditional fee simple, and specifies a third party to whom the land goes when the life estate ends or the condition occurs. The third party is said to have a remainder. The third party may have a legal right to limit the life tenant's use of the land.
Estates may be held jointly as joint tenants with rights of survivorship or as tenants in common. The difference in these two types of joint ownership of an estate in land is basically the inheritability of the estate and the shares of interest that each tenant owns.
In a joint tenancy with rights of survivorship deed, or JTWROS, the death of one tenant means that the surviving tenant(s) become the sole owner(s) of the estate. Nothing passes to the heirs of the deceased tenant. In some jurisdictions, the specific words "with right of survivorship" must be used, or the tenancy will assumed to be tenants in common without rights of survivorship. The co-owners always take a JTWROS deed in equal shares, so each tenant must own an equal share of the property regardless of his/her contribution to purchase price. If the property is someday sold or subdivided, the proceeds must be distributed equally with no credits given for any excess than any one co-owner may have contributed to purchase the property.
The death of a co-owner of a tenants in common (TIC) deed will have a heritable portion of the estate in proportion to his ownership interest which is presumed to be equal among all tenants unless otherwise stated in the transfer deed. However, if TIC property is sold or subdivided, in some States, Provinces, etc., a credit can be automatically made for unequal contributions to the purchase price (unlike a partition of a JTWROS deed).
Real property may be owned jointly with several tenants, through devices such as the condominium, housing cooperative, and building cooperative.
Bundle of Rights: Real property in unique due to the fact that there are multiple "rights" associated with each piece of property. For example, most U.S. jurisdictions recognized the following rights: right to sell, right to lease, right to acquire minerals/gas/oil/etc. within the land, right to use, right to possess, right to develop, etc. These multiple rights are important because the owner of the real property can generally do what he/she chooses with each right. For example, the owner could choose to keep all the rights but lease the right to dig for oil to a oil company. Or the owner could choose to keep all the right but lease the property to a tenant. In other words, the owner can elect to keep and/or lease and/or sell the rights to his/her land.
Other Ownership types:
Allodial title: Real property that is independent of any superior landlord. Allodium, is, "Land held absolutely in one’s own right, and not of any lord or superior; land not subject to feudal duties or burdens. An estate held by absolute ownership, without recognizing any superior to whom any duty is due on account thereof."[1]
Jurisdictional peculiarities
In the law of almost every country, the state is the ultimate owner of all land under its jurisdiction, because it is the sovereign, or supreme lawmaking authority. Physical and corporate persons do not have allodial title; they do not "own" land but only enjoy estates in the land, also known as "equitable interests."
Australia and New Zealand
In many countries the Torrens title system of real estate ownership is managed and guaranteed by the government and replaces cumbersome tracing of ownership. The Torrens title system operates on the principle of "title by registration" (i.e. the indefeasibility of a registered interest) rather than "registration of title." The system does away with the need for a chain of title (i.e. tracing title through a series of documents) and does away with the conveyancing costs of such searches. The State guarantees title and is usually supported by a compensation scheme for those who lose their title due to the State's operation. It has been in practice in all Australian states and in New Zealand since between 1858 and 1875, has more recently been extended to strata title, and has been adopted by many states, provinces and countries, and in modified form in 9 states of the USA.
England and Wales
In the United Kingdom, The Crown is held to be the ultimate owner of all real property in the realm. This fact is material when, for example, property has been disclaimed by its erstwhile owner, in which case the law of escheat applies. In some other jurisdictions (not including the United States), real property is held absolutely.
English law has retained the common law distinction between real property and personal property, whereas the civil law distinguishes between "movable" and "immovable" property. In English law, real property is not confined to the ownership of property and the buildings sited thereon – often referred to as "land." Real property also includes many legal relationships between individuals or owners of land that are purely conceptual. One such relationship is the easement, where the owner of one property has the right to pass over a neighboring property. Another is the various "incorporeal hereditaments," such as profits-à-prendre, where an individual may have the right to take crops from land that is part of another's estate.
English law retains a number of forms of property which are largely unknown in other common law jurisdictions such as the advowson, chancel repair liability and lordships of the manor. These are all classified as real property, as they would have been protected by real actions in the early common law.
USA
Each U.S. State except Louisiana has its own laws governing real property and the estates therein, grounded in the common law. In Arizona, real property is generally defined as land and the things permanently attached to the land. Things that are permanently attached to the land, which also can be referred to as improvements, include homes, garages, and buildings. Manufactured homes can obtain an affidavit of affixture.
Economic aspects of real property
Land use, land valuation, and the determination of the incomes of landowners, are among the oldest questions in economic theory. Land is an essential input (factor of production) for agriculture, and agriculture is by far the most important economic activity in preindustrial societies. With the advent of industrialization, important new uses for land emerge, as sites for factories, warehouses, offices, and urban agglomerations. Also, the value of real property taking the form of man-made structures and machinery increases relative to the value of land alone. The concept of real property eventually comes to encompass effectively all forms of tangible fixed capital. with the rise of extractive industries, real property comes to encompass natural capital. With the rise of tourism and leisure, real property comes to include scenic and other amenity values.
Starting in the 1960s, as part of the emerging field of law and economics, economists and legal scholars began to study the property rights enjoyed by tenants under the various estates, and the economic benefits and costs of the various estates. This resulted in a much improved understanding of the:
Property rights enjoyed by tenants under the various estates. These include the right to:
Decide how a piece of real property is used;
Exclude others from enjoying the property;
Transfer (alienate) some or all of these rights to others on mutually agreeable terms;
Nature and consequences of transaction costs when changing and transferring estates.
For an introduction to the economic analysis of property law, see Shavell (2004), and Cooter and Ulen (2003). For a collection of related scholarly articles, see Epstein (2007). Ellickson (1993) broadens the economic analysis of real property with a variety of facts drawn from history and ethnography.
Historical background
The word "real" ultimately derives from Latin res "thing" and was used in Middle English to mean "relating to things, especially real property".
In common law, real property was property that could be protected by some form of real action, in contrast to personal property, where a plaintiff would have to resort to another form of action. As a result of this formalist approach, some things the common law deems to be land would not be classified as such by most modern legal systems, for example an advowson (the right to present to the living of a church) was real property. By contrast the rights of a leaseholder originate in personal actions and so the common law originally treated a leasehold as part of personal property.
The law now broadly distinguishes between real property (land and anything affixed to it) and personal property (everything else, e.g., clothing, furniture, money). The conceptual difference was between immovable property, which would transfer title along with the land, and movable property, which a person would retain title to.
In modern legal systems derived from English common law, classification of property as real or personal may vary somewhat according to jurisdiction or, even within jurisdictions, according to purpose, as in defining whether and how the property may be taxed.
Bethell (1998) contains much historical information on the historical evolution of real property and property rights.
In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property "heritable property", and in French-based law, it is called immobilier.
Identification of real property
To be of any value a claim to any property must be accompanied by a verifiable and legal property description. Such a description usually makes use of natural or manmade boundaries such as seacoasts, rivers, streams, the crests of ridges, lakeshores, highways, roads, and railroad tracks, and/or purpose-built artificial markers such as cairns, surveyor's posts, fences, official government surveying marks.
Estates and ownership interests defined
The law recognizes different sorts of interests, called estates, in real property. The type of estate is generally determined by the language of the deed, lease, bill of sale, will, land grant, etc., through which the estate was acquired. Estates are distinguished by the varying property rights that vest in each, and that determine the duration and transferability of the various estates. A party enjoying an estate is called a "tenant."
Some important types of estates in land include:
Fee simple: An estate of indefinite duration, that can be freely transferred. The most common and perhaps most absolute type of estate, under which the tenant enjoys the greatest discretion over the disposition of the property.
Conditional Fee simple: An estate lasting forever as long as one or more conditions stipulated by the deed's grantor does not occur. If such a condition does occur, the property reverts to the grantor, or a remainder interest is passed on to a third party.
Fee tail: An estate which, upon the death of the tenant, is transferred to his or her heirs.
Life estate: An estate lasting for the natural life of the grantee, called a "life tenant." If a life estate can be sold, a sale does not change its duration, which is limited by the natural life of the original grantee.
A life estate pur autre vie is held by one person for the natural life of another person. Such an estate may arise if the original life tenant sells her life estate to another, or if the life estate is originally granted pur autre vie.
Leasehold: An estate of limited duration, as set out in a contract, called a lease, between the party granted the leasehold, called the lessee, and another party, called the lessor, having a longer lived estate in the property. For example, an apartment-dweller with a one year lease has a leasehold estate in her apartment. Lessees typically agree to pay a stated rent to the lessor.
A tenant enjoying an undivided estate in some property after the termination of some estate of limited duration, is said to have a "future interest." Two important types of future interests are:
Reversion: A reversion arises when a tenant grants an estate of lesser maximum duration than his own. Ownership of the land returns to the original tenant when the grantee's estate expires. The original tenant's future interest is a reversion.
Remainder: A remainder arises when a tenant with a fee simple grants someone a life estate or conditional fee simple, and specifies a third party to whom the land goes when the life estate ends or the condition occurs. The third party is said to have a remainder. The third party may have a legal right to limit the life tenant's use of the land.
Estates may be held jointly as joint tenants with rights of survivorship or as tenants in common. The difference in these two types of joint ownership of an estate in land is basically the inheritability of the estate and the shares of interest that each tenant owns.
In a joint tenancy with rights of survivorship deed, or JTWROS, the death of one tenant means that the surviving tenant(s) become the sole owner(s) of the estate. Nothing passes to the heirs of the deceased tenant. In some jurisdictions, the specific words "with right of survivorship" must be used, or the tenancy will assumed to be tenants in common without rights of survivorship. The co-owners always take a JTWROS deed in equal shares, so each tenant must own an equal share of the property regardless of his/her contribution to purchase price. If the property is someday sold or subdivided, the proceeds must be distributed equally with no credits given for any excess than any one co-owner may have contributed to purchase the property.
The death of a co-owner of a tenants in common (TIC) deed will have a heritable portion of the estate in proportion to his ownership interest which is presumed to be equal among all tenants unless otherwise stated in the transfer deed. However, if TIC property is sold or subdivided, in some States, Provinces, etc., a credit can be automatically made for unequal contributions to the purchase price (unlike a partition of a JTWROS deed).
Real property may be owned jointly with several tenants, through devices such as the condominium, housing cooperative, and building cooperative.
Bundle of Rights: Real property in unique due to the fact that there are multiple "rights" associated with each piece of property. For example, most U.S. jurisdictions recognized the following rights: right to sell, right to lease, right to acquire minerals/gas/oil/etc. within the land, right to use, right to possess, right to develop, etc. These multiple rights are important because the owner of the real property can generally do what he/she chooses with each right. For example, the owner could choose to keep all the rights but lease the right to dig for oil to a oil company. Or the owner could choose to keep all the right but lease the property to a tenant. In other words, the owner can elect to keep and/or lease and/or sell the rights to his/her land.
Other Ownership types:
Allodial title: Real property that is independent of any superior landlord. Allodium, is, "Land held absolutely in one’s own right, and not of any lord or superior; land not subject to feudal duties or burdens. An estate held by absolute ownership, without recognizing any superior to whom any duty is due on account thereof."[1]
Jurisdictional peculiarities
In the law of almost every country, the state is the ultimate owner of all land under its jurisdiction, because it is the sovereign, or supreme lawmaking authority. Physical and corporate persons do not have allodial title; they do not "own" land but only enjoy estates in the land, also known as "equitable interests."
Australia and New Zealand
In many countries the Torrens title system of real estate ownership is managed and guaranteed by the government and replaces cumbersome tracing of ownership. The Torrens title system operates on the principle of "title by registration" (i.e. the indefeasibility of a registered interest) rather than "registration of title." The system does away with the need for a chain of title (i.e. tracing title through a series of documents) and does away with the conveyancing costs of such searches. The State guarantees title and is usually supported by a compensation scheme for those who lose their title due to the State's operation. It has been in practice in all Australian states and in New Zealand since between 1858 and 1875, has more recently been extended to strata title, and has been adopted by many states, provinces and countries, and in modified form in 9 states of the USA.
England and Wales
In the United Kingdom, The Crown is held to be the ultimate owner of all real property in the realm. This fact is material when, for example, property has been disclaimed by its erstwhile owner, in which case the law of escheat applies. In some other jurisdictions (not including the United States), real property is held absolutely.
English law has retained the common law distinction between real property and personal property, whereas the civil law distinguishes between "movable" and "immovable" property. In English law, real property is not confined to the ownership of property and the buildings sited thereon – often referred to as "land." Real property also includes many legal relationships between individuals or owners of land that are purely conceptual. One such relationship is the easement, where the owner of one property has the right to pass over a neighboring property. Another is the various "incorporeal hereditaments," such as profits-à-prendre, where an individual may have the right to take crops from land that is part of another's estate.
English law retains a number of forms of property which are largely unknown in other common law jurisdictions such as the advowson, chancel repair liability and lordships of the manor. These are all classified as real property, as they would have been protected by real actions in the early common law.
USA
Each U.S. State except Louisiana has its own laws governing real property and the estates therein, grounded in the common law. In Arizona, real property is generally defined as land and the things permanently attached to the land. Things that are permanently attached to the land, which also can be referred to as improvements, include homes, garages, and buildings. Manufactured homes can obtain an affidavit of affixture.
Economic aspects of real property
Land use, land valuation, and the determination of the incomes of landowners, are among the oldest questions in economic theory. Land is an essential input (factor of production) for agriculture, and agriculture is by far the most important economic activity in preindustrial societies. With the advent of industrialization, important new uses for land emerge, as sites for factories, warehouses, offices, and urban agglomerations. Also, the value of real property taking the form of man-made structures and machinery increases relative to the value of land alone. The concept of real property eventually comes to encompass effectively all forms of tangible fixed capital. with the rise of extractive industries, real property comes to encompass natural capital. With the rise of tourism and leisure, real property comes to include scenic and other amenity values.
Starting in the 1960s, as part of the emerging field of law and economics, economists and legal scholars began to study the property rights enjoyed by tenants under the various estates, and the economic benefits and costs of the various estates. This resulted in a much improved understanding of the:
Property rights enjoyed by tenants under the various estates. These include the right to:
Decide how a piece of real property is used;
Exclude others from enjoying the property;
Transfer (alienate) some or all of these rights to others on mutually agreeable terms;
Nature and consequences of transaction costs when changing and transferring estates.
For an introduction to the economic analysis of property law, see Shavell (2004), and Cooter and Ulen (2003). For a collection of related scholarly articles, see Epstein (2007). Ellickson (1993) broadens the economic analysis of real property with a variety of facts drawn from history and ethnography.
Historical background
The word "real" ultimately derives from Latin res "thing" and was used in Middle English to mean "relating to things, especially real property".
In common law, real property was property that could be protected by some form of real action, in contrast to personal property, where a plaintiff would have to resort to another form of action. As a result of this formalist approach, some things the common law deems to be land would not be classified as such by most modern legal systems, for example an advowson (the right to present to the living of a church) was real property. By contrast the rights of a leaseholder originate in personal actions and so the common law originally treated a leasehold as part of personal property.
The law now broadly distinguishes between real property (land and anything affixed to it) and personal property (everything else, e.g., clothing, furniture, money). The conceptual difference was between immovable property, which would transfer title along with the land, and movable property, which a person would retain title to.
In modern legal systems derived from English common law, classification of property as real or personal may vary somewhat according to jurisdiction or, even within jurisdictions, according to purpose, as in defining whether and how the property may be taxed.
Bethell (1998) contains much historical information on the historical evolution of real property and property rights.
Monday, 15 July 2013
Transfer of Property Act, 1882
Short title.—
This Act may be called the Transfer of Property Act, 1882.
Commencement.—It shall come into force on the first day of July, 1882.
Extent.—1[It extends2 in the first instance to the whole of India except 3[the territories which, immediately before the 1st November, 1956, were comprised in Part B States or in the States of] Bombay, Punjab and Delhi.]
4[But this Act or any part thereof may by notification in the Official Gazette be extended to the whole or any part of the 5[said territories] by the 6[State Government] concerned.]
7[And any 6[State Government] may 8[***] from time to time, by notification in the Official Gazette, exempt, either retrospectively or prospectively, any part of the territories administered by such State Government from all or any of the following provisions, namely:—
Section 54, paragraph 2 and sections 3, 59, 107 and 123.]
9[Notwithstanding anything in the foregoing part of this section, section 54, paragraphs 2 and 3, and sections 59, 107 and 123 shall not extend or be extended to any district or tract of country for the time being excluded from the operation of the Indian Registration Act, 10[1908], (16 of 1908), under the power conferred by the first section of that Act or otherwise.]
Sec 2. Repeal of Acts
Saving of certain enactments, incidents, rights, liabilities, etc.—In the territories to which this Act extends for the time being the enactments specified in the Schedule hereto annexed shall be repealed to the extent therein mentioned. But nothing herein contained shall be deemed to affect—
(a) the provisions of any enactment not hereby expressly repealed;
(b) any terms or incidents of any contract or constitution of property which are consistent with the provisions of this Act, and are allowed by the law for the time being in force;
(c) any right or liability arising out of a legal relation constituted before this Act comes into force, or any relief in respect of any such right or liability; or
(d) save as provided by section 57 and Chapter IV of this Act, any transfer by operation of law or by, or in execution of, a decree or order of a Court of competent jurisdiction,
and nothing in the second Chapter of this Act shall be deemed to affect any rule of 1[***] Muhammadan 2[***] law.
Thursday, 20 June 2013
Saturday, 1 June 2013
LAND ACQUISITION ACT 1894
LAND ACQUISITION ACT 1894
CLICK ON THIS LINK TO GET THE FULL DETAILS OF THIS ACT.
CLICK ON THIS LINK TO GET THE FULL DETAILS OF THIS ACT.
INTRODUCTORY |
The Land Acquisition Act, 1894 is an Act to amend the law for the acquisition of land for public purposes and for companies, and to determine the amount of compensation to be paid on account of such acquisition. Thus, the Act confers the right on the appropriate government to acquire land and as a corollary, the right of the owner or the interested person of the land to have a judicial determination of the compensation due to him by the Land Acquisition Authority. Where the land is acquired under the Act, it would not be fair and just to deprive of the holder thereof the payment of the market value. There should be some public purposes in an acquisition and it is unfair, if such a purpose is incorporated in a statute, if the holder of the land is deprived of the market value of the land.
The object of the Act of 1894 was stated in the statement of objects and reasons as under:
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1. For several years past the amendment of the Land Acquisition Act, 1870, (the immediate predecessor) has been under consideration by the Government of India in communication with local governments.
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2. Before the passing of the Act, the valuation of the lands, which it was found necessary to take up for execution of public works, was entirely in the hands of arbitrators, from whose decision there was no appeal. The system led to a lamentable waste of the public money, both because the arbitrators were incompetent, and sometimes, it is to be feared, corrupt and also because the law, as it then stood, laid down no instructions for their guidance in the performance of their duties. This latter defect, among others, was remedied by the Act of 1870 which it is now . proposed to amend, and which contains detailed instructions as to the matters
which are to be considered, and which are to be neglected, in awards of compensation for lands acquired under its provisions. The Act of 1870 also provided for the abolition of the system under which uncontrolled discretion was entrusted to arbitrators; and, in lieu thereof, required the Collector, when unable to come to terms with the persons interested in land which it was desired-'to take up, to refer the difference for the decision of a civil court, usually that of the district judge. In the disposal of such references, the court is aided by assessors, and its finding is final if the judge and one or more of the assessors agree. If, however, the judge and the assessors disagree, an appeal is allowed, which usually lies to the High Court.
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3. The Act of 1870 has not, in practice, been found entirely effective for the protection either of the persons interested in lands taken up for the public purpose. The requirement that the Collector shall refer for the decision of the court every
petty difference of opinion as to the value, and every case in which any one, perhaps a large number of persons fails to attend before him, has involved in litigation, with all its trouble and delay and expense, a great number of persons whose interest in the land was extremely insignificant. It has, in fact, frequently been the case that the owners of small pieces of land have had to pay court costs of an amount far exceeding the value of the land itself.
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4. On the other hand, the provisions of the Act as to the incidence of costs, the whole of which fall on the Collector if the final award is ever so little in excess of the amount of his tender, are such as to encourage extravagant and speculative claims. The chance of altogether escaping the payment of costs is so great, that claimants are in the position of risking very little in order to gain very much, and have, therefore, every motive to refuse even liberal offers made by the Collector, and to try their luck by compelling a reference to the court. Much the same may be said as to the provisions of the existing law regarding the payment of interest. No matter how fair the original offer of the Collector and how groundless the refusal to accept the compensation he has tendered, interest is payable on the amount of the award finally arrived at from the date of the Collector's taking possession of the land. This may be for a period of two or three years, and as interest continues to run until the litigation is finally completed, it is to the advantage of the land owner to protract the proceedings to the utmost. All this costs a very heavy and undeserved burden on the public purse.
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5. It is proposed, therefore, to amend the law by making the Collector's award final, unless altered by the decree in a regular suit. Persons interested in land taken up for public works will thus still have the opportunity, if they desire it, of preferring to an authority quite independent of the Collector their claims to more substantial compensation than the Collector has awarded; and will in all cases have further right of appeal to the regular appellate courts. They will no longer, however, be encouraged, to litigate by the feeling they can hardly lose, but may make a great gain by doing so.
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6. This change in the procedure for determining the valuation of lands taken up for public works will also render it possible to dispense with the services of the assessors, who are now supposed to assist the court. Considering the difficulty, almost throughout the country, of obtaining the services of such assessors as are really qualified to form a sound opinion on the subject of the valuation of land, it is believed that the proposal to dispense with them, and to leave the matter to the sole arbitrament, first of the Collector and then of the judge, will in no way diminish the efficiency of the court in enquiries in which the value of lands is in issue. It will certainly tend to shorten litigation and to diminish its expense.
This comprehensive write-up comprising the Land Acquisition Act, 1894, Land Acquisition (Amendment and Validation) Act, 1967 and the Land Acquisition (Amendment) Act, 1984 is presented to have a handy but an exclusive coverage of the law of land acquisition and its bifurcations in India to the learned readers.
A creative feedback from the learned readers, bringing to our notice any mistake, error or omission or discrepancy that might have crept in this book in spite of our sincere efforts to avoid those, is most welcome, for it will help us improve the overall quality, style and presentation of the book in the forthcoming editions.
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Wednesday, 29 May 2013
Tuesday, 28 May 2013
Measurement of land in Punjab
The following are the basic measurements of land used in Punjab & Haryana in ascending order.
- 1 karam is 5.5 ft
- 1 marla is 9 Sq karams (272.25 sq ft)
- 1 kanaal is 20 marlas (5,445 sq ft)
- 1 killa is of 8 kanaals (43,560 sq ft = 1 acre)
- 1 marabba is 25 killas (1,089,000 sq ft = 25 acres)
A killa is measured rectangularly, reckoned as an area 36 karams x 40 karams, or 198 feet x 220 feet = 43,560 square feet.
Kothis are measured in marlas and kanaals. Most are 2-4 kanaals but the big ones can be anything from 4-6 kanaals.
A couple of older measures:
- 1 biswa = 15 Sq karams; 12 biswas = 1 kanaal (50 gaj)
- 1 bigha = 20 biswas - 1008 Sq Yards - 842.68 Sq Mtr (1000 Gaj)
i)In all areas consolidated on the basis of the standard measure of 66 inches i.e. Karam or Gatha:
- 1. 1 Sq. Karam or Sarsahi 3.3611111 Sq.yds.
2. 9 Sarsahies or 1 Marla 30.249999 Sq.yds say 30.25 Sq.yds.
3. 20 Marlas or 1 Kanal 604.99996 Sq.yds say 605 Sq.yds.
4. 160 Marlas or 8 Kanals 4839.99998 Sq.yds.say 4840 Sq.yds. (1 acre)
(ii)In the areas consolidated on the basis of the local meas ure and the non- consolidated areas of Amritsar, Gurdaspur, (except Shahpur Hill Circle and Chak Andar in Pathankot tehsil), Feroz epur (except Fazilka) and the erstwhile pr incelyState of Faridkot:
1. 1 Karam 60 inches
2. 1 Sq. Karam or Sarsahi 2.777777 Sq. yds.
3. 9 Sarsahies or 1 Marla 24.999999 Sq. yards say 25 Sq.yards.
4. 20 Marlas or 1 Kanal 499.9999 Sq. yards say 500 Sq.yards
5. 193.60 Marlas (9 Kanals1 Acre or 4840 Sq.yds 13 Marlas 5 Sarsahis)
(iii) In the areas consolidated on the basis of the local measure and the non- consolidated areas of Hoshiarpur, Jalandhar, Anandpur Sahib (Ropar) and the Shahpur hill Circle in Gurdaspur District:
1.1 Karam 57.5 inches
2. 1 Sq. Karam or Sarsahi 2.5511188 Sq.yds.
3. 9 Sarsahies or 1 Marla 22.960069 Sq.yards say 22.96 Sq.yds
4. 20 Marlas or 1 Kanal 459.20138 Sq.yards say 459 Sq.yards.
5. 210.80 Marlas (10 Kanals I Acre or 4840 Sq.yds.10 Marlas 7 Sarsahis)
(iv) In the area consolidated on the basis of the local measure and the non-consolidated areas of the erstwhile princely State of Kapurthala:
1. 1 Karam 54 inches
2. 1 Sq. Karam or Sarsahi 2.25 Sq.yds.
3. 9 Sarsahies or 1 Marla 20.25 Sq.yards
4. 20 Marlas or 1 Kanal 405 Sq.yards.
5. 239 Marlas (11 Kanals1 Acre or 4840 Sq.yds.19 Marlas)
1 Karam or Gat ha x 1 Karam or Gatha
1 Sq. Karam or Biswansi 20 Biswansis
1 Biswa20 Biswa 1 Bigha
PROPERTY MEASUREMENTS
| OLD SURVEY MEASUREMENTS. Old surveys were often measured using a Surveyors Chain. These were literally chains made up of 100 links. Each Chain was 66 feet long. Each link was 0.666 of a foot...or 7.92" To convert the distances on a plat measured in chains (abbreviate Ch) simply multiply the distance in chains by 66. Another common unit of measurement was the Pole. The Pole is exactly what it sounds like; a wood pole which was 16.5' feet long. To convert the distances on a plat measured in poles (abbreviated P) you must multiply the distance by 16.5 A Pole is sometimes called a "perch"on old surveys. MILES A mile is defined as being 5,280 feet in length. |
| AREA MEASUREMENTS The standard unit of measuring land in the United States is the ACRE. An Acre is equal to 43,560 square feet (Sq. Ft.) of area. An acre is also equal to 10 square chains ( 66 x 66 x 10 = 43560 Sq. Ft.) or 160 square rods (16.5 x 16.5 x 160 = 43,560 Sq. Ft.) There are exactly 640 Acres in one square mile. Seeing how older units of measurement like the chain and the pole can be converted into acres it is easy to see that seemingly odd distances (66' and 16.5') really did make sense. WHAT DOES AN ACRE LOOK LIKE? If you had a parcel of land that was exactly 1 acre in size and was perfectly square it would be 208.71' on each of the 4 sides. If the same lot were a rectangle 100' wide it would be 435.60' feet deep (long). |
| Manual of Instructions for the Survey of the Public Lands of the United States; 1973Prepared by the Bureau of Land Management, Technical Bulletin 6; pub. U.S. Dept of Interior | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Methods of Survey The methods described in this chapter comprise the specifications for determining the length and direction of lines. DISTANCE MEASUREMENT Units 2-1. The law prescribes the chain as the unit of linear measure for the survey of the public lands. All returns of measurements in the rectangular system are made in the true horizontal distance in miles, chains, and links. (Exceptions are special requirements for measurement in feet in townsite surveys, chapter VII, and mineral surveys, chapter X.)
Land grants by the French crown were made in arpents. The arpent is a unit of area, but the side of a square arpent came to be used for linear description. The Spanish crown and the Mexican Government granted lands which were usually described in linear varas. Both the arpent and the vara have slightly different values in different States. The conversions most often needed are shown in the Standard Field Tables.
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Monday, 27 May 2013
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