We could take it in turns to be a sort of executive officer for the week but all the decisions of that officer have to be ratified at a special bi-weekly meeting by a simple majority in the case of purely internal affairs but by a two thirds majority in the case of...
you can't really have real property ownership rights in the UK, or Canada, or Australia
February 2 2013, 1:45 PM
Under the Canadian system, the right to dispose of land or benefit from its resources is always, at its heart, a right that can only be fully exercised by the Crown.
Remaining loyal to the Crown gave Canadians access to the military defences to maintain independence from the United States. The U.S. choice to declare independence meant that U.S. citizens would gain more property rights but would also lose the economic, political and military support of the British.
Frankly Dimitri I suspect you are talking through your
February 2 2013, 6:03 PM
arse. In Australia, of which I am a citizen, and other Commonwealth countries there are several types of property ownership. Certainly the government may resume property for public purposes but the same applies in the US. Most countries have that provision in their laws regardless of what their political system is.
As for the British crown having any say in the matter - that was sorted out during the English Civil War since which time the crown is simply a constitutional head of state with considerably less real powers than the US President. Why do you think that Edward VIII was forced to abdicate.
Nope, not a all. I don't know about Australia, but here in Canada
February 2 2013, 6:27 PM
some people are getting ready to challenge the law.
I'm not anywhere near the point of discussing Australia - I just don't know. I heard something about "1 cm under the surface", but know nothing about it.
In the United States, when you buy a piece of land, it becomes yours. Within the confines of the laws governing your community (including zoning bylaws), you can do as you wish with it. You own the land, and you own what is above it, and, most importantly, you own what is below it.
This idea flows directly from the fact that U.S. landowners are not subject to the rights of the Crown.
Of course, in the United States, there is still the legal concept of eminent domain, which means the needs of the community occasionally compromise the rights of the individual. Land can be expropriated in the United States, but, for the most part, it is easier to defend against expropriation because rights flow from the people up through government to the president and not, as it is in Canada, from the government down to individual citizens. U.S. property ownership is part of their founding philosophy.
My original comment still stands as to the source of your information. The
February 2 2013, 7:13 PM
needs of the state regarding land usage can and do override freehold land ownership in countries like the US, Canada, Great Britain, Australia and most other places where land is owned. It is an essential part of national planning for infrastructure and has been that way for a long time. The English Civil War and the later succession of William III and Mary II to replace James II removed any idea that the crown had arbitrary powers, but left in place the idea that national interest can supersede private land ownership or any property. The US took that concept into its own laws after the revolution. There is no difference. Now if you want Canada to be a republic that's fine with me as I think Australia should also be one but I suspect you will find that when those events occur the right of the state to subsume private property rights for national purposes will remain. In the US the flow of rights is identical to the Commonwealth and I assure you that the idea of a flow upwards is just a polite fiction - in the US the Civil War sorted that out quite comprehensively and for the best.
crown property which is the legal term for state property. The exploitation of which is sold upon the payment of royalties to the state which are then used as part of the general funds available to the state like taxes, customs duties etc. Names like royalty or crown are directly interchangeable with tax and state in this sense and do not indicate that the monarch who is the head of state of a parliamentary democracy can seize the resource or alter the relevant laws at their whim.
In the United States, landowners usually hold title to the mineral resources located beneath their land; in Canada, this is never the case.
Originally, the British monarchy held the rights to the land, and now the Canadian government holds the rights to most Canadian land.
so I guess we can agree to agree
My initial post was triggered by that eBay listing in the UK. If the land was in the US - it would be another story.
Your notion of "polite fiction" was priceless BTW I mean, really good. It's just a system, that still can be financially very advantageous, if played correctly. If you know what I mean.
I see blatant honesty can be very painful to those invested in IRA, 401K and RSP. Oh well, they don't know what's coming.
This tread will be sooooo pulled!
that was my point pointing out the fundamental differences between two countries, and their legal systems when it comes to real property. We all know what outcome of the wars was.
There several potential lawsuits are cooking here in Canada, and people were deprived of rights in the past... but that's a lounge subject.
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