Donationes mortis causa in a dematerialised world

Subject: Real property. Other related subjects: Personal property. Trusts Keywords: Bank accounts; Documents of title; Donatio mortis causa; Electronic documents; Legal charges; Registered land; Shares Legislation: Land Registration Act 2002 (c.9) Cases: Sen v Headley [1991] Ch. 425; Guardian, April 23, 1991 (CA (Civ Div)); Duffield v Elwes 4 E.R. 959 (KB); Birch v Treasury Solicitor [1951] Ch. 298 (CA)

Implications of Commons Act 2006 for the registration of land as a town or village green

This paper describes the main changes of Commons Act 2006 for the registration of land as a town or village green. The purpose of the Commons Act 2006 is to protect common land and promote sustainable farming, public access to the countryside and the interests of wildlife. The changes under s15 of the Commons Act 2006 include the additional 2-year grace period for application, discounting statutory period of closure, correction of mistakes in registers, disallowing severance of rights, voluntary registration, replacement of land in exchange and some other provisions. The transitional provision contained in s15(4) Commons Act 2006 is particularly a cause for controversy as DEFRA has indicated buildings will have to be taken down where development has gone ahead and a subsequent application to register the land as a green is successful, obliging the developer to return the land to a condition consistent with the exercise by locals of recreational rights, which sums up that it would be harder in future to develop land which has the potential to be registered as a town or village green.

Land administration in a micro-state: the role of land use planning

Land policy in micro-states and the land administration that underpins it is often devised within a legacy framework inherited from a colonial past. Independence has allowed self-determination of the future political direction yet the range, legal framework, institutional structure and administration systems tend to mirror those of ex-colonial powers. Do land policies, administration systems and processes developed to serve large heavily populated countries scale down to serve the requirements of micro-states? The evidence suggests not: many land administration systems in the Caribbean face difficulties due to poor records, unclear title, exploitation of state lands, incomplete or ongoing land reform programmes, irregular or illegal settlement and non-enforced planning regulations. Land matters are typically the responsibility of several government departments and agencies responsible for land titling and registration, cadastral surveying of property interests, physical planning, taxation and financial regulation. Although planning is regarded as a land administration function, organisational responsibility usually rests with local rather than central government in large countries, but in microstates local government may be politically weak, under-resourced or even non-existent. Using a case study approach this paper explores how planning functions are organised in the Caribbean state of St Vincent & the Grenadines in relation to land administration as a whole and compares the arrangement with other independent micro-states in the region.

Mechanisms for the land/sea warming contrast exhibited by simulations of climate change

The land/sea warming contrast is a phenomenon of both equilibrium and transient simulations of climate change: large areas of the land surface at most latitudes undergo temperature changes whose amplitude is more than those of the surrounding oceans. Using idealised GCM experiments with perturbed SSTs, we show that the land/sea contrast in equilibrium simulations is associated with local feedbacks and the hydrological cycle over land, rather than with externally imposed radiative forcing. This mechanism also explains a large component of the land/sea contrast in transient simulations as well. We propose a conceptual model with three elements: (1) there is a spatially variable level in the lower troposphere at which temperature change is the same over land and sea; (2) the dependence of lapse rate on moisture and temperature causes different changes in lapse rate upon warming over land and sea, and hence a surface land/sea temperature contrast; (3) moisture convergence over land predominantly takes place at levels significantly colder than the surface; wherever moisture supply over land is limited, the increase of evaporation over land upon warming is limited, reducing the relative humidity in the boundary layer over land, and hence also enhancing the land/sea contrast. The non-linearity of the Clausius–Clapeyron relationship of saturation specific humidity to temperature is critical in (2) and (3). We examine the sensitivity of the land/sea contrast to model representations of different physical processes using a large ensemble of climate model integrations with perturbed parameters, and find that it is most sensitive to representation of large-scale cloud and stomatal closure. We discuss our results in the context of high-resolution and Earth-system modelling of climate change.

Land/sea warming ratio in response to climate change: IPCC AR4 model results and comparison with observations

Climate model simulations consistently show that in response to greenhouse gas forcing surface temperatures over land increase more rapidly than over sea. The enhanced warming over land is not simply a transient effect, since it is also present in equilibrium conditions. We examine 20 models from the IPCC AR4 database. The global land/sea warming ratio varies in the range 1.36–1.84, independent of global mean temperature change. In the presence of increasing radiative forcing, the warming ratio for a single model is fairly constant in time, implying that the land/sea temperature difference increases with time. The warming ratio varies with latitude, with a minimum in equatorial latitudes, and maxima in the subtropics. A simple explanation for these findings is provided, and comparisons are made with observations. For the low-latitude (40°S–40°N) mean, the models suggest a warming ratio of 1.51 ± 0.13, while recent observations suggest a ratio of 1.54 ± 0.09.