Law & Legal Frameworks: Quantity Surveying and Dispute Resolution

This report, prepared for the Colombo School of Construction Technology, delves into the critical intersection of law and quantity surveying, specifically addressing the role of quantity surveyors in dispute resolution and property law. The assignment explores the application of Alternative Dispute Resolution (ADR) methods, differentiating between adjudication and arbitration, and evaluating their effectiveness in resolving construction disputes. It examines the legal aspects of land acquisition, conveyancing laws, and the rights associated with real property ownership, including mechanisms for avoiding nuisances. The report analyzes a scenario involving a construction company facing disputes and property acquisition needs, offering insights into how a quantity surveyor can navigate these legal and contractual complexities. The report also includes an introduction, acknowledgement, and references to support its findings.

The role of a quantity surveyor to control of real properties and
settlement of disputes in the construction industry
LAW & LEGAL FRMEWORK FOR QUANTITY
SURVEYING [DOCUMENT SUBTITLE]
COLOMBO SCHOOL OF CONSTRUCTION TECHNOLOGY
M.G. HARSHA MADHUWANTHA
CSCT20211589

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Unit Code: H/618/1767
Law & Legal Frameworks for Quantity
Surveying
Assignment 2
Assignment Brief and Feedback Form
Learner name M.G.Harsha Madhuwantha
Student No CSCT20211589
Course title BTEC HND in Quantity Surveying
Assessor name Mr. Mahesh Abeynayake
Internal Verifier name Ms. Darshani Amarabandhu
Unit number and title Unit 4- Law & Legal Frameworks for Quantity Surveying
Assignment title The role of a quantity surveyor to control of real properties and
settlement of disputes in the construction industry .
Outcome number(s) and
statement(s) LO3 (P5, P6) ; LO4 ( P7, P8)
Hand Out Date 08/05/2021
Formative Assessment Date 22/05/2021
Submission Date 04/06/2021
Learner declaration
I confirm that the work submitted for this assignment is my own and resource sources are fully
acknowledged.
Learner Signature Date Submitted
CSCT stamp for Date Receipt of the Assignment

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Topic:
The role of quantity surveyors to apply ADR methods for settlement of construction and real
property disputes in the construction industry .
Scenario
Super Construction (Pvt) Ltd has started a new Housing Project in Colombo city. The company
appointed Mr. Kamal as the Chief Quantity Surveyor of the said new Project. Mr. Kamal is
required to handle all matters in relation to project. Also he is authorized to coordinate with
stakeholders of the project namely consultant, subcontractors and suppliers. During the
implementation of the project there were many disputes viz breach of conditions of sub
contracts, design errors of consultant etc. The board of directors of Super Construction (Pvt)Ltd
need to know how they can resolve construction disputes arising with different stakeholders in
relation to different contracts they were entered into.
Moreover, Super Construction (Pvt)Ltd needs two office premises to operate their new project
as they need to recruit a new administration and marketing staff. The directors of the Super
Construction (Pvt) Ltd suggested that they should purchase an office premises for administrative
office and lease a land with new building for Marketing office for the project.
Board of Directors have decided to sit for a brainstorming session and Mr. Kamal should guide
them on below contents in perspectives of a Quantity Surveyor,
You should:
A) Explain differentiate between Adjudication and Arbitration methods and design a
mechanism for application of ADR methods in resolving built environment disputes in
the construction industry.
B) Evaluate effectiveness of Dispute resolution methods and analyze advantages of ADR
methods relating to contractual disputes in the aforesaid scenario.
C) Assess relevant conveyancing laws connected with lands and properties and analyze the
legal aspects on ownership and possession in the given scenario.
D) Discuss different rights of parties to legal ownership of real properties and evaluate
mechanism for avoidance of nuisances from usage of lands and buildings.

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Methodology
Each student will prepare a report covering all aspects given in the assignment. The document
must be in the form of a word-processed report and can incorporate any sketches or diagrams
to illustrate the answer. The report must have an introduction, body and summary. The
document must contain all references according to the Harvard referencing style.
Learning outcomes and Assessment Criteria
Pass Merit Distinction
LO3 Assess the quantity surveyor’s role in contractual
dispute mediation
D3 Justify the use of alternative
resolution methods against taking
court action in a dispute
P5 Discuss the difference
between arbitration and
adjudication
P6 Explain the role of a
quantity surveyor in
arbitration and
adjudication
M3 Evaluate arbitration
and adjudication in terms
of their benefits to a client
LO4 Investigate property legi slation in relation to
quantity surveying D4 Evaluate the role of a quantity
surveyor in the processes of land
acquisition and conveyancing
P7 Describe how land is
acquired for built
environment development
purposes
P8Explain the processes
associated with the
conveyancing of land
M4 Analyse how legal
ownership of land is
defined
Plagiarism, Cheating and Collusion
Plagiarism, cheating or collusion is regarded as a serious breach of the CSCT academic
standards.
Students must carefully read the Academic Rules on Plagiarism, Cheating and Collusion.
RULES WILL BE STRICTLY ENFORCED

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Grading
Opportunities
Assessment Criteria/Indicative Characteristic Evidence Achieved
(Y / N)
LO3
P5
Discuss the difference between arbitration and
adjudication
P6 Explain the role of a quantity surveyor in arbitration and
adjudication
M3 Evaluate arbitration and adjudication in terms of their
benefits to a client
D3 Justify the use of alternative resolution methods against
taking court action in a dispute
LO4
P7 Describe how land is acquired for built environment
development purposes
P8 Explain the processes associated with the conveyancing of
land
M4 Analyse how legal ownership of land is defined
D4 Evaluate the role of a quantity surveyor in the processes of
land acquisition and conveyancing
Assessor Comments
A)
B)
C)
D)

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Criteria Awarded Distinction (D) Merit (M) Pass
(P)
Assessed by (name): Mr. Mahesh Abeynayake
Signature: Date Assessed :
Assessment has been internally verified for use.
Internal Verifier
Name : Ms. Darshani Amarabandhu
Signature : Date Verified :

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Content
Assignment Brief and Feedback Form ........................................................................................... 1
Content ............................................................................................................................................ 6
Acknowledgement .......................................................................................................................... 7
Introduction ..................................................................................................................................... 8
Task A ............................................................................................................................................. 9
What is Adjudication ................................................................................................................... 9
What is Arbitration ...................................................................................................................... 9
Difference between Arbitration & Adjudication ......................................................................... 9
Application of ADR methods .................................................................................................... 10
Role of a quantity surveyor in arbitration and adjudication ...................................................... 11
Task B ........................................................................................................................................... 13
Effectiveness of Dispute resolution methods ............................................................................ 13
Advantages of ADR method ..................................................................................................... 13
Task C ........................................................................................................................................... 14
Conveyancing laws connected with lands and properties ......................................................... 14
Legal aspects on ownership and possession .............................................................................. 15
Acquiring Land for built environment development purposes ................................................. 16
Task D ........................................................................................................................................... 18
Rights of parties to legal ownership .......................................................................................... 18
Processes Associated with the Conveyancing of Land ............................................................. 19
Avoidance of nuisances ............................................................................................................. 21
References ..................................................................................................................................... 23

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Acknowledgement
This brings me great pleasure for an opportunity to work & submit this assignment. For this, I
would like to give my deep sense of gratitude & thanks to everyone who gave me their great
support to complete this assignment in success. I am very much thankful to Mr. Mahesha
Abenayaka & Mrs, Buddhini for their constant guidance & valuable encouragement. Finally, I
wish to express my thanks towards my parents & friends for their kind cooperation & unceasing
encouragement which help me in completion of this assignment.

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Introduction
Quantity surveying profession is considered as an important position in construction industry.
This is because Quantity Surveyor required to advice clients with different sections about
procurement, value management, contracts and so many things regarding construction law. Legal
education is no longer exclusive to law students. A qualified Quantity Surveyor must be
adequately trained to advice on all aspects of construction costs, financial and contractual
administration. Dispute resolution is a main part in construction industry. Quantity Surveyors
should know about dispute resolution methods and where to use them and the purpose of ADR
methods. Laws connected with lands and properties, about nuisance law and ownership of real
properties are discussed in this report.

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Task A
Explain differentiate between Adjudication and Arbitration methods and design a mechanism for
application of ADR methods in resolving built environment disputes in the construction industry.
What is Adjudication
Adjudication is most successful ADR method for construction industry. Adjudication application
was restricted to disputes that occurred between the main contractor and the directly employed or
domestic sub-contractors. The process involved using an independent third party, an adjudicator,
to help resolve a dispute that had arisen. The adjudicator could be appointed as part of the sub
contract conditions, but invariably was only appointed after the dispute had occurred. The main
advantage of using an adjudicator was the rapid response of the decision. The decision was
binding, although as in all disagreements the parties had the right to take the dispute to a higher
authority. Adjudication was subsequently introduced into the JCT form with contractor’s design
and more recently into JCT 98 (Fernando, 2012)
What is Arbitration
Arbitration is the main alternative to legal action in the courts, in order to settle an unsolved
dispute. No one is compelled to submit a dispute to arbitration unless they have agreed to do so
within the terms of the contract.
Process:
1. Appoint invoke the arbitrator /tribunal according to prior agreement
2. Forward the issue to arbitrator/evidence.
3. Exchange information/evidence.
4. Proceed with the hearing according to the suitable method chosen by the
arbitrator/tribunal (Fernando, 2012)
Difference between Arbitration & Adjudication
Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator,
decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or
in some cases, an arbitration panel. The arbitrator’s decision, known as an award, is legally
binding and can be enforced through the courts. Normally, there is no appeal, however there are
exceptions in which appeals may be accepted. Arbitrators have the power to ascertain facts rather
than just listen to submissions, and to order costs (Wiki, 2020)
In adjudication, the decision is the responsibility of a third-party adjudicator selected by the
parties to the dispute. Adjudication decisions are binding unless and until they are revised by
subsequent arbitration or litigation after practical completion, or by agreement between the
parties. There is no right of appeal and limited right to resist enforcement.

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Generally, adjudicators do not have the power to award costs (other than their own fees and
expenses). Adjudication must adhere to strict timescales and typically takes up to 28 days (Wiki,
2020)
Steps of Arbitration
Step Arbitration
Step 01 Referring party serves a request for Arbitration.
Step 02 Defendant files an answer to the Request for Arbitration
Step 03 The parties decide to appoint a single arbitrator or a panel of three arbitrators.
Step 04 Preliminary hearing between the parties and the arbitrator.
Step 05 Statement of claim and response provided (facts only, not the evidence).
Step 06 Discovery period where each party lists information they seek to rely on and shares
this with the other party.
Step 07 Sharing of evidence with each other and the arbitrator.
Step 08 Hearing meeting is held where both parties can present their case.
Step 09 Award via a written statement explaining the decision.
Steps of Adjudication
Step Adjudication
Step 01 Referring party serves a notice of Adjudication.
Step 02 Appoint an Adjudicator.
Step 03 Referring party serves a referral notice.
Step 04 Responding party serves a response.
Step 05 Referring party can issue a rejoinder to the responding party’s response.
Step 06 Adjudicator’s decision issued
Application of ADR methods
Alternative Dispute Resolution (ADR) is an umbrella that that covers a varied assortment of
dispute resolution methods and procedures. These methods and procedures are used as a
replacement to resolve the traditional legal and administrative disputes between two binding
parties. ADR methods are not forced as a legal element onto parties. ADR methods uses an
outside unbiased entity to facilitate the process (Nabatchi, 2007)
ADR is an informal discussion between an outside unbiased third party and the two binding
parties. The informal discussion is aimed at problem solving solutions. Mediation is the one
ADR method that stands out the most. If the parties opt to use the mediation process, they are not
bound to accept the mediators result and opinion and can take the next step which is to approach
Arbitration/Litigation (Nabatchi, 2007)

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If any sort of disagreement arises through the mediation process between the contractor and the
client, the unbiased third party who acts as invigilator will determine a decision based on the
findings in writing. If the two binding parties have requested the decision in writing, the written
decision is delivered to both parties within 14 working days of the delivery date. If disputes on
elements of the decision by either of the binding parties are made, the written decision by the
unbiased third party (Mediator) will not be final and binding. The disagreement then between the
two binding parties will thus be classified as a dispute. If the unbiased third party (Mediator)
fails his goal in not delivering a written decision, the binding parties can combinable declare the
disagreement a dispute and the rest of the ADR techniques will follow (Bacon, 2008)
After the informal resolution methods has been applied, the formal dispute resolutions methods,
such as arbitration and litigation take place. When the disagreement between the two binding
parties is referred to the unbiased third party (Mediator) in writing, the formal resolutions
methods take place.
There are basically four main objectives of ADR, which are listed below:
• ADR provides control through the dispute process.
• ADR aims to reach consensus through the dispute process.
• ADR provides continuity through the dispute process.
• ADR grants confidentiality through the dispute process.
Role of a quantity surveyor in arbitration and adjudication
Adjudication is most successful ADR method for construction industry. The dispute resolution
techniques that are described in JCT 98 include adjudication, arbitration and litigation. The
courts may also need to be called upon to enforce settlements that are reached by other methods.
The parties may also decide to agree among themselves to use other alternative methods to settle
their differences such as alternative dispute resolution. It is claimed to be non-adversarial
technique. Although it rises in popularity in construction industry appears now to have waned in
favor of more established techniques. Adjudication application was restricted to disputes that
occurred between the main contractor and the directly employed or domestic sub-contractors.
The process involved using an independent third party, an adjudicator, to help resolve a dispute
that had arisen. The adjudicator could be appointed as part of the sub contract conditions, but
invariably was only appointed after the dispute had occurred. The main advantage of using an
adjudicator was the rapid response of the decision. The decision was binding, although as in all
disagreements the parties had the right to take the dispute to a higher authority.
General Procedure is as follows:
1.Notice of reference to other parties in dispute

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2.Appointment/invoking adjudicator to prior agreement
3.Submission of written claim
4.Giving the defending party a chance to answer the complaint
5.Obtaining evidence /submission
6.Site visit (optional)
Arbitration is the main alternative to legal action in the courts, in order to settle an unresolved dispute.
No one is compelled to submit a dispute to arbitration unless they have agreed to do so within the terms
of the contract. Care should be taken therefore, when considering the completion of the appendix in
respect of clause 41. Once a person has agreed to this method of settling a disagreement, they cannot
then take legal proceedings prior to arbitration, If they attempt to do so, the courts will stay such
proceedings.
Process
1.Appoint invoke the arbitrator /tribunal according to prior agreement
a. Institutional arbitrational agreement
Use institutional procedures/monitoring, plus appointment of arbitrators
b. Ad-hoc arbitration agreement
Based on the party’s agreement, no guiding monitoring third party appointed
2. Forward the issue to arbitrator/evidence
3. Exchange information/evidence
4. Proceed with the hearing according to the suitable method chosen by the arbitrator/tribunal as below
a. Full process
i. fairly resembles litigation model and procedure and used for major disputes
b. Documents only
ii Reach decision based on documents only. Mainly to interpret the contract clauses.

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c. Short-hearing
i for minor disputes, use short hearing which may only last for 1-3 site visit and
document reference.
Task B
Evaluate effectiveness of Dispute resolution methods and analyze advantages of ADR methods
relating to contractual disputes in the aforesaid scenario.
Effectiveness of Dispute resolution methods
The whole Alternative Dispute Resolution process that contains Conciliation, Mediation,
Adjudication, and Arbitration is very sufficient means to resolve the disputes that occur within
the construction industry.
Through the use of sophisticated ADR methods and procedures, the parties that are in dispute
can with ease hopefully settle all the disputes that might arise. If these disputes are left for later
and not settled in due time, it can be a challenging hurdle to overcome for both of the parties. By
implementing the ADR methods and procedures, the parties can reduce their transaction costs
and the consequent litigation costs by a great monetary value and/or percentage (Copple, 2011)
ADR methods should have the characteristics of confidentiality, understanding among the
parties, saving in legal cost and time, hearing by the qualified neutral experts and ability to
handle highly technical matters etc. The desirable features of ADR methods are fast,
inexpensive, fair, simple, flexibility, confidentiality and minimum delay in the process.
Advantages of ADR method
By using ADR procedures Kamal can gain so many advantages when problems arise.
• It takes less time to reach a final decision.
• Reduced costs in relating to the dispute resolution.
• Parties have more flexibility in choosing what rules will be applied to the dispute.
• Professional Communication arises between parties.
• The ADR Process brings parties together to communicate.
• Legal and/or other standards of fairness can be used in crafting agreements.
• May assist in clarifying and narrowing issues, and fostering climate of openness-
operation, and collaboration, even if a settlement is not reached.

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Task C
Assess relevant conveyancing laws connected with lands and properties and analyze the legal
aspects on ownership and possession in the given scenario.
Conveyancing laws connected with lands and properties
There are different conveyancing laws connected with lands and properties. They are,
1. Land Law
2. Property Law
1.Land Law
Land law is the form of law that deals with the rights to use, alienate, or exclude others from
land. In many jurisdictions, these kinds of property are referred to as real estate or real
property, as distinct from personal property. Land use agreements, including renting, are an
important intersection of property and contract law. Encumbrance on the land rights of one,
such as an easement, may constitute the land rights of another. Mineral rights and water rights
are closely linked, and often interrelated concepts (Wikipedia, 2021)
This falls under the category of Civil law. Land laws concern all issues relating to a land
ownership, inheritance and transfer. Examples are Registration of Deeds, Registration of Title,
Partition, Servitudes, Possession, Ownership, Acquisitions etc. The Sri Lankan Constitution of
1978 does not recognize the right to land as a fundament.
• Housing (Special Provisions) Act No 18 of 1974
• Houses of Detention ordinance No 05 of 1907
• Cultural Property Act No 73 of 1988
2.Property Law
Roman - Dutch Law is the foundation of the law of property, but it has been greatly amended
by legislation and local custom.
In view of the provisions of Section 2 of the Prevention of Frauds Ordinance (Chapter 84 of the
Legislative Enactments of Sri Lanka – Revised 1980) the following classes of contracts are of
no force or avail in law unless in writing and signed in Sri Lanka in the presence of a licensed
notary public and two or more witnesses and duly attested (Neelakandan, 2012)
• Any sale purchase transfer assignment or mortgage of land or other immovable
property.
• Any promise bargain contract or agreement for effecting any such object and for
establishing any security interest or encumbrance affecting the land or other immovable
property.

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• Any contract or agreement for the future sale or purchase of land or other immovable
property.
There are two types of property: real property and Personal Property. Most of the legal concepts
and rules associated with both types of property are derived from English Common Law.
Modern law has incorporated many of these concepts and rules into statutes, which define the
types and rights of ownership in real and personal property. Personal property, also referred to
as movable property, is anything other than land that can be the subject of ownership, including
stocks, money, notes, Patents, and copyrights, as well as intangible property. Real property is
land and ordinarily anything erected on, growing on, or affixed to it, including buildings and
crops. The term is also used to declare any rights that issue from the ownership of land. The
terms real estate and real property generally refer to land. The term land, in its general usage,
includes not only the face of the earth but everything of a permanent nature over or under it,
including minerals, oil, and gases. In modern usage, the word premises have come to mean the
land itself or the land with all structures attached. Residential buildings and yards are
commonly referred to as premises. Property may be further classified as either private or
public. Private property is that which belongs to one or more persons. Public property is owned
by a country, state, or political subdivision, such as a Municipal Corporation or a school
district (Library, 2021)
Legal aspects on ownership and possession
Ownership means a right, which avails against everyone who is subject to the law conferring the
right to put thing to user of indefinite nature. It is right in rem which is available to the owner
against the world at large. It includes ownership over both corporeal and incorporeal things. The
former refers to physical objects and the latter refers to all claims. Ownership is a comprehensive
right in rem. It is a bundle of four rights (Aslam, 2021)
1. Right to use a Thing
2. Right to exclude others from using the thing.
3. Right to dispose of the thing.
4. Right to destroy the thing.
Ownership is a plenary control over an object. The relation between a person and any right that is
vested and an object forming the subject matter of his ownership. Ownership denotes the relation
between a person and right that is vested in him. Nothing can be owned except the right over a thing. In
other words, a thing cannot be owned but a right over such thing can be owned. Therefore, owning a
right is called ownership (Aslam, 2021)
1. Owner can use in many ways or indefinite in point of user.
2. Owner has right of transfer or unrestricted in point of disposition.

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3. Ownership is permanent or unlimited in point of duration.
Kinds of ownership,
• Corporeal and incorporeal ownership: The ownership over a tangible or material object is
called corporeal ownership
• Trust and Beneficial ownership: The ownership of a trustee is called trust ownership
• Legal and Equitable ownership: The ownership which originated from the rules of common
law is called legal ownership. A assigned a debt to B. A is the legal owner and B becomes
an equitable owner.
• Vested and Contingent ownership: The ownership which comes into existence immediately
is called vested ownership. A transfer his property to B an unmarried daughter for life and
to C, an unborn make child. C's ownership is contingent because C's birth is uncertain.
Possession, in law, the acquisition of either a considerable degree of physical control over a
physical thing, such as land or chattel, or the legal right to control intangible property, such as a
credit with the definite intention of ownership. With respect to land and chattel, possession may
well have started as a physical fact, but possession today is often an abstraction. A servant or an
employee, for instance, may have custody of an object, but he does not have possession; his
employer does, even though he may be thousands of miles from the object he owns.
Furthermore, except in the most abstract way, it is not possible to speak of the possession of
intangible property. In the development of the civil (or Roman) legal system, possession tended
to assume more importance than proprietary rights, and the same is true of the common-law (or
Anglo-American) system. Thus, possession tends to be regarded as prima facie evidence of the
right of ownership; it gives this right against everyone except the rightful owner. Mere
possession by a finder is sufficient to provide grounds for an action against one who deprives
him of the object with no better right than his own (Britannica, 2018)
Acquiring Land for built environment development
purposes
The Land Acquisition Act (LAA) of 1950 is the most important legal provision which spells out
the Land acquisition process in Sri Lanka. It has several amendments and the latest being the
version of 1986 and the Regulations, 2008 gazette as No. 1585/ 7 on Tuesday, 20 of January
2009. The procedures for land acquisition and payments of compensation for acquired lands by
the government for public purposes are laid down in the LAA. It provided the payment of
compensation at market rates for lands, structures and crops. In chapter 460 of the LAA the
procedure is explained in the following manner (Road Development Authority, 2011)

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a. Preparation of acquisition proposal by the requesting agency and submission to the Ministry
of Land and Land Development (MLD) (Road Development Authority, 2011)
b. Approval of the proposal by MLD, posting of notices by the relevant divisional secretaries
and preparation of advanced tracing by the survey superintendent on requisition issued by the
relevant divisional secretaries (section 2, 248 and 249) (Road Development Authority, 2011)
c. If section 38 (a) is not invoked divisional secretary to call objections under section 4 of the
LAA. Even after inquiring of the objection called under section 4 if the relevant land is
required to be acquired the requirement will be conveyed to the Ministry of Land and Land
Development (Road Development Authority, 2011)
d. Minister of Land then issue and order under Section 5 confirming the acquisition of the
relevant land which will be followed up through a gazette notification in all three languages in
the same order Ministry of Land will direct the divisional secretary to take action to prepare
the PP (Road Development Authority, 2011)
e. Based on the Ministers order under Section 5, DS issue a requisition to the Superintendent of
Surveys of the district to prepare and submit the plan (Preliminary Plan, PP) (Road
Development Authority, 2011)
f. On receipt of PP the DS will published in Government gazette notification in all three national
languages (Sinhala, Tamil and English) that he/she intend to conduct inquiries under section 9
of LAA and request people to submit their clams for ownership of land before the date mention
by him in the gazette notification. In addition to the gazette notification a paper notice will be
published by the DS in all three languages for information of the stake holders (Road
Development Authority, 2011)
g. Then inquiries will be conducted to determine the ownership and DS will issue a order
declaring ownership under Sec 10 (i) of LAA (Road Development Authority, 2011)
h. Acquiring officer either makes the decision on the claims or refers the claims to the district
courts or primary courts if he is unable to determine the ownership (Road Development
Authority, 2011)
i. Acquiring officer (Divisional Secretary of the area) holds an inquiry into the market value of
the land, the claims for compensation and the legality of claimants (advised by valuation
officers) and award of compensation under section 17 of LAA (Road Development Authority,
2011)

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j. Then the possession will be taken over under Section 38 or in an urgent situation in made
section 38 (a) even though the LAA permit to takeover possession before paying
compensation any land acquired by the state at present will only be taken over by paying
compensation in full. This is to comply with Safeguards Policy Statement (SPS), 2009 of
ADB and National Involuntary Resettlement Policy (NIRP). After taking over the possession
DS will take action to vest the properties acquired under the name of relevant beneficiaries
under section 44 (i) of LAA and register the title with the registrar of the land of relevant
district (Road Development Authority, 2011)
k. Following the decision (either by the acquiring officer or the courts) the acquiring officer
makes an award after determining the persons who are entitled to compensation, the total
amount of compensation deemed to be allowed for the acquisition and the apportionment of
the compensation among the persons with interest and
l. In the event of dispute over the determination it may be appealed to either the compensation
review Board or Court of appeal within 21 days of the receipt of the notification of the award.
If there are no appeals, the compensation will be paid (Road Development Authority, 2011)
Task D
Discuss different rights of parties to legal ownership of real properties and evaluate mechanism
for avoidance of nuisances from usage of lands and buildings.
Rights of parties to legal ownership
A bundle of rights is a term for the set of legal privileges that is generally afforded to a real estate
buyer with the transfer of the title. The bundle includes the following.
• The right of possession
• The right of control
• The right of exclusion
• The right of enjoyment
• The right of disposition
However, these rights can be broken up and assigned to different parties. This usually applies to
commercial and investment property purchases. For example, the buyer of a rental property may
have rights that are limited by local landlord-tenant laws and regulations. The owner of a
storefront property may share certain rights with the tenant who runs a business there. In any
case, a real estate owner's bundle of rights can only be exercised with the boundaries of many

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other laws. For example, a homeowner's right of enjoyment may not be exercised beyond the
limits of local noise control laws (Investopedia, 2021)
The Right of Possession
The right of possession simply states that the title holder is the legal owner of the property
(Investopedia, 2021)
The Right of Control
The title holder can use the property in any way that is not illegal. In practice, a homeowners'
association (when there is one) can place additional restrictions on anything from garden
ornaments to pet ownership, though these rules are not laws (Investopedia, 2021)
The Right of Exclusion
The right of exclusion allows the title holder to limit who may enter the property. This one has
few real limits. Easements may be in place permitting access to utility lines may override this
right. A warrant authorizing a search of the property trumps the right of exclusion (Investopedia,
2021)
The Right of Enjoyment
The right to enjoyment asserts the title holder's right to participate in any activities he finds
pleasurable while on the property. This assumes, once again, that those activities are lawful
(Investopedia, 2021)
The Right of Disposition
The right of disposition protects the title holder’s right to transfer ownership, permanently or
temporarily, to another party. This right is fully realized only when the property is owned
outright and not mortgaged. An exclusion also applies if the property is subject to a lien
(Investopedia, 2021)
Processes Associated with the Conveyancing of Land
Conveyancing is the legal process where ownership of real estate, house or land, is transferred
from one person to another. The person making the sale is the vendor and the purchaser is the
buyer. This involves the preparation of legal documents –including a contract of sale and transfer
of land document which are signed by both parties – property searches carried out on the
property and attending settlement of the matter (Mozo, 2020)

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The parties or participants to a conveyancing transaction are
• Vendor – the seller
• Purchaser – the buyer
• Financial institution (the bank) – where they have provided finance in exchange for a
mortgage over the property
• Solicitor or Licensed conveyancer managing the transaction on behalf of the vendor and
purchaser respectively
Legal conveyancing is the safety net for buyers and sellers throughout any purchase, sale, or
transfer of property. It takes place in many different forms and across the two major phases of
the exchange of contracts and the completion. It is therefore important to understand how it
works and what it involves (Buyer, 2020)
1. Purchase of a standard or new build property
Whatever type of property that purchase, it must go through the conveyancing process.
This allows the conveyancing solicitors to perform the relevant searches on a property in
order to spot issues with both the property and its surrounding area.
If purchasing a property that has existing tenants in it, make sure to check the tenancy
agreement thoroughly to find out what their rights are as well as buyer’s.
A conveyancing solicitor will check buyer’s identity and make sure the buyer has the
funds to buy the property that. They will manage any searches and handle requests from
the seller’s legal representative.
They will also examine the survey results and raise any concerns that they may have.
Once buyer agreed with the contract, they will help to agree a completion date before
moving on to exchange contracts and then send the transfer deed and funds to the
relevant places. This all makes the process of purchasing a property much easier and
smoother for everyone concerned. This entire process is the same, whether you are
buying an existing property or a new build off plan (Buyer, 2020)
2. Sale
If you have put your property up for sale and accepted an offer on it, you will need to
begin the conveyancing process in for the sale to move forward effectively. This provides
information on the searches for the property and what is included as part of the sale.
A conveyancing solicitor will check the identity of the buyer and ensure that they have
the funds to make the purchase. They will also advise you on any legal issues which may
affect the sales and provide information to the buyer’s legal representative.
They will then prepare the contract of sale and formally exchange contracts with the other
party. As the sale goes through, they will handle the transfer of monies, including paying
off the mortgage and estate agent before sending the title deeds to the buyer’s solicitor
and updating the Land Registry (Buyer, 2020)
3. Remortgage

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you might decide to remortgage a property in order to extend your mortgage period, get a
better deal or to release cash. This will also require a form of conveyancing and whilst
this is usually provided by the lender, you can also seek an independent conveyancing
solicitor to do this for you. Mortgage companies insist that this is performed by a
professional, so this is not a job that you should attempt to do for yourself, not matter
how experienced you might feel that you are. A solicitor will liaise with the mortgage
broker to find out what they need before reviewing the title documents and checking the
mortgage for you. There will still be legal searches which need to be performed, and your
conveyancer will be able to conduct these for you and finally confirm to the lender the
certificate of title in order to complete the process. The money from the mortgage
company is then sent to the solicitor who will pay off any existing mortgage and transfer
the balance to you (Buyer, 2020)
4. Sale & Purchase
Many property transactions take place as part of a chain when buying and selling
properties are linked and can create delays in process caused by others elsewhere in that
chain. Many delays are caused by the length of time it takes to perform the searches,
which often involve the local authority. These searches may include a local authority
search, drainage search, Chancel Repair Liability search, environmental and flooding
search and a location specific local search which might look into things like the impact of
mining in the area (Buyer, 2020)
5. Transfer of Equity
A transfer of equity usually takes place when a property owner adds or removes someone
from the title of the property. This most commonly occurs in the case of a marriage or a
separation in order to reflect the property’s new ownership situation. A transfer of equity
is required when at least one original title holder remains on the deeds. Any changes to
the ownership of a property will need an expert conveyancing eye. This helps to protect
all parties involved to make sure that the process is correct, and that they are no hidden
issues which could come back to bite either the buyer or the seller. Conveyancing
lawyers help to cut though the legal jargon involved in property sales and transfers and
can offer invaluable advice to give you the peace of mind you need (Buyer, 2020)
Avoidance of nuisances
Nuisance is unreasonable interference with another party’s use of land. Nuisance can be public,
private or statutory. Public nuisance affects classes of people and can constitute a criminal

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offence. For example, obstructing the highway or pollution of water supplies.
Private nuisance affects a specific person’s right to use or enjoy land. A person does not have to
have a proprietary interest in land to suffer nuisance.
Private nuisance might be caused by,
▪Encroachment onto land, for example by trees.
▪Damage to land or buildings.
▪Interference with a party’s enjoyment of the land, for example by
generating excessive noise or smells.
Private Nuisance
Private nuisances unreasonably or unlawfully interfere with others' use and enjoyment of life or
property. To determine if the activity is unreasonable, a court will weigh the gravity of the harm
against the social benefit of the interference. The harm caused must be significant and of a kind
that would affect an average person or property in the same community. For example, an
individual with an extremely sensitive sense of smell might not be successful in claiming a smell
coming from a neighbor's house is a nuisance if no one else living nearby can smell it. The
activity must also have little to no social benefit. For example, the sound of music coming from
the home studio of a professional pianist likely isn't a nuisance, while music played at all hours
from a backyard entertainment system more likely rises to the level of nuisance (O’Connell,
2021)
Public Nuisance
A public nuisance is an unreasonable, unwarranted, or unlawful interference with a right
common to the general public. The sheer number of people affected doesn't transform a private
nuisance into a public one rather, the public must be affected in a manner specifically prohibited
by city’s or state's laws (O’Connell, 2021)
Property owners can be liable for both public and private nuisances that originate from their
property even if the nuisance is created by someone other than the owner, such as a tenant.
Individuals harmed by a private nuisance may sue the offending property owner for damages
caused by the activity, such as medical bills, loss of property value, or the cost of repairs. They
may also request the court to issue an injunction an order telling the property owner to put an end
to the nuisance. Under most public nuisance laws, on the other hand, individuals cannot seek to
stop the activity, unless an exception under state or local law applies. (Often, though, public
nuisance laws allow individuals who are harmed in a manner that is different from the harm
suffered by the public at large to sue for damages.) Due to the nature of public nuisances, under
most laws, only a public agency can sue to stop the activity. In some areas, certain public
nuisances are classified as criminal offenses, meaning that a city attorney or other public official
may pursue criminal charges and penalties. If need assistance with a public or private nuisance
claim, a local real estate attorney can help you understand the nuisance laws (O’Connell, 2021)

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