How Sustainable Is Industrial Agriculture Environmental Sciences Essay

How Sustainable Is Industrial Agriculture Environmental Sciences Essay Agriculture may seem to be a pre-modern economic activity in which the method or the way it is carried out is old-fashioned. However, industrialization, scientific development and mechanization have affected agriculture like many aspect of life, which created a brand new term: Industrial Agriculture. Industrialized agriculture or industrial agriculture can be defined as the replacement of human labor with capital intensive tools and inputs heavily dependent on fossil fuels, the consolidation of farm land, and increasingly centralized control over the distribution of food resources.(Thu and Dunenberger 1998). The goal of industrial agriculture is to increase yield and decrease costs of production, which is why the farm is seen as a factory with inputs like pesticides or fertilizer and outputs like corn or chicken. (Horrigan, Lawrence, Walker 1). Thanks to the industrial agriculture, the mass-production in agriculture came into existence. Compared to the old method, we can produce much more now. Agricultural food, including animals, can be supplied in a short time with more outcomes. Therefore, there is no doubt that in many ways industrial agriculture appears to be a beneficial development and a higher stage in agricultural method. However, it seems to be what it has brought is not as great as what it is taking away. The mechanization of agriculture and the use of chemicals, fertilizers and pesticides have caused huge problems in environment, health and the economic condition of farmers. That is why, in this paper, I will argue that industrial agriculture is unsustainable because it leads to unhealthy conditions for both workers and consumers, has negative effects on environment and causes poverty. The first aspect that makes industrial agriculture unsustainable is the health problems due to the conditions in work place, the use of pesticides, anti-biotic and fertilizers and the equipment used in the industrial agriculture. Workers are the first group of people who are exposed to the unhealthy conditions caused by the industrial agriculture. First of all, because of the equipment like farm machinery, tractors, hoes and etc., the accidents are frequent events for workers. The consequence of these kinds of accidents may be losing a hand, foot, small injuries or death. In 1946, data from all industrial groups show that the largest number of occupational deaths, 4,500, occurred in agriculture ( Axelrod 2). This data only belongs to USA so the number that includes more countries will increase the number of death also. Thus, accidents are a serious problem in industrial agriculture. Moreover, because of the high noise exposure from sources like tractors, harvesters and grain dryers, causes hearing loss among workers. According to Marvel farmers experience higher than expected rates of hearing loss starting in their teen years (Kendall 2) In addition to the accidents and noise exposure, the use of chemicals and pesticides in agriculture also creates unhealthy conditions for workers. Poisoning caused by chemical fertilizers seems to be faced by workers frequently. Pesticides used as plant sprays create a hazard to the farm worker either in the process spraying or of harvesting ( Axelrod 2). Thus, the chemicals and pesticides are serious treat to the health of farm workers and the most common illnesses because of these is poisoning. Furthermore, as Kendall points out, the dermatoses, especially skin cancer, and respiratory diseases are among the most pervasive health problems in industrial agriculture (1). Toxic exposure is the main reason for dermatoses. More specifically, exposure to pesticides, chemical solvents, engine exhaust, animal virsues and other substances commonly found in an industrialized farm operation are the reasons for dermatoses and especially skin cancer (Kendall 1). Other common health problem among farm workers is respiratory diseases. The condition in the work place and the material used for the works are again the reason for these kinds of problems. Exposure to irritant, toxic gases and dusts on the farm causes respiratory diseases. The kind of illnesses as a result from this includes chronic bronchitis, occupational asthma, organic dust toxic syndrome, farmers lung and silo filler (Kendall 2). Thus, respiratory diseases can seriously damage farm workers. In short, because of the condition of the work place, the equipment used in the work and the use of pesticides and chemicals, industrial agriculture creates an unhealthy condition that causes serious health problems for workers. In addition to the farm workers, consumers also suffer from unhealthy production and condition created by industrial agriculture. The use of chemicals and pesticides are causing some health problems for consumers as it is for workers. Statistical data provides us with information that makes it rather clear that the use of pesticides leads to serious health problems including fatal diseases. One of this data demonstrates that about 67,000 pesticide poisonings resulting in an estimated twenty-seven accidental fatalities are reported each year in the US in developing countries situation is worse (Pimental, Culliney, Bashore 2). Thus, again, the poisonings are frequent diseases resulted from the use of pesticides. More serious health problems like cancer can also occur because of pesticides. The International Agency for Research on Cancer found sufficient evidence of carcinogenicity in eighteen pesticides and limited evidence in additional sixteen pesticides (Pimental, Culliney, Bashore 2). In other words, there are eighteen pesticides which we are sure that can make people cancer. Since in industrial agriculture pesticides are being used excessively, the food that is produced by industrial agriculture is a serious treat for consumers. Other than the use of pesticides, so called factory style animal agriculture also creates health problems for consumers. The term factory style animal production implies the animal production in which unnatural method like using chemicals is being held. Pathogens like salmonella, laisteria and toxoplasma cause foodborn illnesses. These kinds of bacteria occur in chickens but they transmit to humans through meat. They can cause severe diarrhea and nausea and occasionally produce fatal diseases.(Horrigan, Lawrence, Walker 5). One may ask that if these bacteria transmit trough meat, why is the industrial agriculture guilty for these health problems? Horrigan, Lawrence and Walker give the answer: The crowded condition of factory farming increase the level of contamination and the high-speed, automated methods of slaughtering and processing the animals make it difficult to detect that contamination.(6) Furthermore, the other common characteristic of factory style animal agriculture that c auses health problems for consumers is the se of antibiotics. Unnatural or produced antibiotics are fed to animals. The goal is to promote growth in production. However, excessive use of such drugs in animals can enhance the development of drug resistant strain of disease, which can be transmitted to humans trough the food supply.(Horrigan, Lawrence, Walker 8). In other words, the excessive use of these antibiotics may make people less resistant to disease and make them ill more easily. The last aspect that industrial agriculture causes health problems is genetically engineered food. It is easy to guess this kind food creates heath problems because they are not natural. This kind of food à ¢Ã¢â€š ¬Ã‚ ¦includes organisms not previously eaten by humans.(Horrrigan, Lawrence, Walker 8), which may cause new allergens. Therefore, as there are organisms that we have not eaten before in genetically engineered food, it is likely that new allergens can emerge. The second reason why industrial agriculture is unsustainable is its negative effects on environment. Concerning environmental problems caused by industrial agriculture, the use of fertilizers and pesticides again seems to be the most important problem like it is about heath problems. It is a fair question to ask: why the use of fertilizers and pesticides is so intense, if it causes so many problems? It seems to be the answer is hidden in the definition of industrial agriculture given in the first paragraph. The industrial agriculture is a farm like a factory and it is goal is to produce more to profit more. The negative effects are not as important as the profit. Therefore, as the main goal is to earn money, health or environment are second or even third concerns. We can now continue to examine the negative effects on environment after this brief explanation. The use of chemical fertilizers and pesticides is serious problem for the environment and their rate of use is continuing to increase. The main problem about fertilizers arises from the fact that crops absorb one-third to one-half of the nitrogen.(Horrigan, Lawrence, Walker 3). Excess nitrogen creates dead zone because it diminishes the oxygen in the water. This drives off the mobile sea life and kills immobile bottom dwellers. One great example of this is Gulfs dead zone in New Jersey ( Horrigan, Lawrence, Walker 3). This nitrogen runoff also affects the ecosystem balance in a negative way, which is direct danger for environment. The use of pesticides is another problem because it causes decline in bird and beneficial insect populations which disrupt the balance between predator and prey.(Horrigan, Lawrence, Walker 3). As a result of this the pests are recovering faster, which can damage the agriculture directly. The reduction of biodiversity is another outcome. Syntheric chemicals reduce biodiversity in the insect world. This may not sound as a harmful result. However, the real problem is the death of the wild bees and other beneficial species by pesticides (Horrigan, Lawrence, Walker 3). The creation of imbalance in nature harms the biodiversity and kills the species that are beneficial to human kind. The effects of the industrial agriculture on soil demonstrate how harmful it can be on environment. Land degradation seems to be the first negative result of industrial agriculture. à ¢Ã¢â€š ¬Ã‚ ¦since World War II, poor farming practices had damaged about 550 million hectares-an area equivalent to 38% of all farmland in use today.(Horrigan, Lawrence, Walker 4). Because of industrial agriculture, more that one-third of the farmland had damaged. Considering world hunger, industrial agriculture had damaged all people by damaging that much of the land because the land could have been used efficiently, which could have supplied people with food or even land. The reason for why that much of land had damaged is that industrial agriculture à ¢Ã¢â€š ¬Ã‚ ¦depends on heavy machinery that compacts the soil, destroying soil structure and killing beneficial organisms in the soil food web.(Horrigan, Lawrence, Walker 4). Therefore, regarding soil, industrial agriculture is not sustainable. In terms of land, industrial agriculture is not very beneficial either. Land degradation has been a serious problem for a long time. The worlds supply of arable land per person has been declining steadily. (Horrigan, Lawrence, Walker 4). Desertification is a rather effective kind of land degradation. It can be defined as land degradation in arid, semi-arid and dry sub-humid areas resulting from various factors including climatic variations and human activities. and 15% of al land surface has been experiencing land desertification. (Horrigan, Lawrence, Walker 4). This means that less land is available for agriculture. How can a type of agriculture be sustainable, if it reduces the land to use for agriculture? Less land means less family that are engaging in agriculture and less food to supply people with. The reasons for land degradation and desertification are over cultivation, overgrazing and over use of water.(Horrigan, Lawrence, Walker 4). Thus, the main reason is over using land and water but if the land degradation continues, in the end there will be no land to over use. The use of water is another aspect where the negative effects of industrial agriculture can be observed. The pollution of water seems to be the sources of problems that industrial agriculture causes because when farming practices pollute surface water and aquifers, they reduce the amount of water that is suitable for other uses.( Horrigan, Lawrence, Walker 4). Other users may be any plant, animals or person. The main point is that some practices of industrial agriculture pollute water and this waste water damages many other potential users. The pollution in most of the times stems from runoff of chemicals, silt and animal waste. (Horrigan, Lawrence, Walker 4). Again industrial agriculture seems to be for the benefit of only a few people, while it is harmful for many other people, animals or plants. Together with the problems concerning health and environment, the poverty caused by industrial agriculture is the last aspect that makes it unsustainable. One fact may be the starting point of poverty caused by industrial agriculture, which in seventy years, although the US population has doubled, the number of American farmers has declined from seven million to two million (Kimbrell 17). There may be two reasons for this. First one is land degradation, which is mentioned above, caused by industrial agriculture. Because of land degradation, the amount of arable land is diminishing, which leads to the loss of farm communities. As the farmers who were engaged in agriculture before finds no land, the poverty seems inevitable. The second reason may be higher costs of industrial agriculture. As industrial agriculture requires mechanization, the use of pesticides and chemicals, it is hard for farmers to continue in agriculture. Capital is needed for industrial agriculture, which many farme rs do not have. Therefore, the farms concentrate on very few people that have the capital to invest, which again causes the lass of farm communities and naturally poverty. The other reason for poverty caused by industrial agriculture is the increasing price of food. Although industrial agriculture made it possible to produce more, the price of food is increasing (Kimbrell 15). However, paradoxically farmers do not earn more than they did before. The profits gained from the increasing price of food go to the corporate middlemen, not to the farmers (Kimbrell 17). Other than farmers, society as a whole is becoming poor because of industrial agriculture as well. While food pricing is increasing, we spend money to the heath and environmental problems caused by industrial agriculture. Therefore, we pay more for the food and also we spend more money on health and environment because of industrial agriculture, which makes poverty a problem for the whole society. Poverty for farmers and for the whole society again demonstrates that industrial agriculture is not sustainable. In conclusion, even though industrial agriculture is a development in agriculture as it increases production, it takes more than it gives so it is unsustainable. Negative effects of it on heath, environment and economy are the reasons for why industrial agriculture is unsustainable. Creation of health problems both for workers and consumers because of the use of pesticides, chemical and the conditions of work place causing toxic exposure and accidents is thanks to industrial agriculture. The use of pesticides, chemicals, land degradation and water pollution are the environmental problems created by industrial agriculture. The loss of farm communities and expensive food price are the results of industrial agriculture, which causes poverty. All these reasons seem to demonstrate that industrial agriculture is unsustainable. The solution to these problems may not be going back to the old fashion way of agriculture in which there is no room for mechanization, pesticides or chemicals. All this chemicals or machines should be used for human good, not to gain more profit. Therefore, the problem is not the kind of things that is used in agriculture; the real problem is the relations of production or the social form in which these kinds of things are used. Therefore, in order to achieve sustainable agriculture, we should first abolish the possibility of making profit by industrial agriculture. Then, we should collectivize the means of production and just use them for the human good. WORK CITED Axelrod, S. J. Health Problems in Industrialized Agriculture School of Public Health. September 1949: 1172-1175. Print. Horrigan, Leo, Lawrence Robert S. ,Walker, Polly. How Sustainable Can Agriculture Address the Environmental and Human Health Harms of Industrial Agriculture. Environmental Health Perspective, Vol.110 No.5 May 2002. 445-456. Print Kendall, M. Thu. The Health Consequences of Industrial Agriculture for Farmers in the United States. Human Organization. Fall 1998. Print Kimbrell, Andrew. Fatal Harvest: The Tragedy of Industrial Agriculture. Washington, DC: Island Press, 2002. Print Pimentel, D., T.W. Culliney, T. Bashore. http://ipmworld.umn.edu/chapters/pimentel.htm

The Hero And The Crown Part One Chapter 1

To Terri The Hero and the Crown takes place some considerable span of years before the time of The Blue Sword. There are a few fairly dramatic topographical differences between the Damar of Aerin's day and that of Harry's. Part One Chapter 1 SHE COULD NOT REMEMBER a time when she had not known the story; she had grown up knowing it. She supposed someone must have told her it, sometime, but she could not remember the telling. She was beyond having to blink back tears when she thought of those things the story explained, but when she was feeling smaller and shabbier than usual in the large vivid City high in the Damarian Hills she still found herself brooding about them; and brooding sometimes brought on a tight headachy feeling around her temples, a feeling like suppressed tears. She brooded, looking out over the wide low sill of the stone window-frame; she looked up, into the Hills, because the glassy surface of the courtyard was too bright at midday to stare at long. Her mind ran down an old familiar track: Who might have told her the story? It wouldn't have been her father who told her, for he had rarely spoken more than a few words together to her when she was younger; his slow kind smiles and slightly preoccupied air had been the most she knew of him. She had always known that he was fond of her, which was something; but she had only recently begun to come into focus for him, and that, as he had told her himself, in an unexpected fashion. He had the best – the only – right to have told her the story of her birth, but he would not have done so. Nor would it have been the hafor, the folk of the household; they were polite to her always, in their wary way, and reserved, and spoke to her only about household details. It surprised her that they still remembered to be wary, for she had long since proven that she possessed nothing to be wary about. Royal children were usually somewhat alarming to be in daily contact with, for their Gifts often erupted in abrupt and unexpected ways. It was a little surprising, even, that the hafor still bothered to treat her with respect, for the fact that she was her father's daughter was supported by nothing but the fact that her father's wife had borne her. But then, for all that was said about her mother, no one ever suggested that she was not an honest wife. And she would not have run and told tales on any of the hafor who slighted her, as Galanna would – and regularly did, even though everyone treated her with the greatest deference humanly possible. Galanna's Gift, it was dryly said, was to be impossible to please. But perhaps from the hafor's viewpoint it was not worth the risk to discover any points of similarity or dissimilarity between herself and Galanna; and a life of service in a household that included Galanna doubtless rendered anyone who withstood it automatically wary and respectful of anything that moved. She smiled. She could see the wind stir the treetops, for the surface of the Hills seemed to ripple beneath the blue sky; the breeze, when it slid through her window, smelled of leaves. It might very well have been Galanna who told her the story, come to that. It would be like her; and Galanna had always hated her – still did, for all that she was grown now, and married besides, to Perlith, who was a second sola of Damar. The only higher ranks were first sola and king; but Galanna had hoped to marry Tor, who was first sola and would someday be king. It was no matter that Tor would not have had Galanna if she had been the only royal maiden available – â€Å"I'd run off into the Hills and be a bandit first,† a much younger Tor had told his very young cousin, who had gone off in fits of giggles at the idea of Tor wearing rags and a blue headband and dancing for luck under each quarter of the moon. Tor, who at the time had been stiff with terror at Galanna's very determined attempts to ensnare him, had relaxed enough to grin and tell her she had no proper respect and was a shameless hoyden. â€Å"Yes,† she said unrepentantly. Tor, for whateve r reasons, was rather over-formal with everyone but her; but being first sola to a solemn, twice-widowed king of a land with a shadow over it might have had that effect on a far more frivolous young man than Tor. She suspected that he was as grateful for her existence as she was for his; one of her earliest memories was riding in a baby-sack over Tor's shoulders while he galloped his horse over a series of hurdles; she had screamed with delight and wound her tiny hands in his thick black hair. Teka, later, had been furious; but Tor, who usually took any accusation of the slightest dereliction of duty with white lips and a set face, had only laughed. But whenever she decided that it must have been Galanna who first told her the story, she found she couldn't believe it of her after all. Having told it for spite and malice, yes; but the story itself had too much sad grandeur. But perhaps she only felt that way because it was about her mother; perhaps she had changed it in her own mind, made a tragedy of nothing but sour gossip. But that Galanna would deliberately spend enough time in her company to tell her the story was out of character; Galanna preferred whenever possible to look vaguely over the head of the least of her cousins, with an expression on her face indicating that there was a dead fly on the windowsill and why hadn't the hafor swept it away? When Galanna was startled into speaking to her at all, it was usually from a motive of immediate vengeance. The tale of Arlbeth's second wife would be too roundabout for her purposes. Still, that it had been one of the cousins was the best guess. Not Tor, of course. One of the oth ers. She leaned out of the window and looked down. It was hard to recognize people from the tops of their heads, several stories up. Except Tor; she always knew him, even if all she had to go on was an elbow extending an inch or two beyond a doorframe. This below her now was probably Perlith: that self-satisfied walk was distinctive even from above, and the way three of the hafor, dressed in fine livery, trailed behind him for no purpose but to lend to their master's importance by their presence pretty well assured it. Tor went about alone, when he could; he told her, grimly, that he had enough of company during the course of his duties as first sola, and the last thing he wanted was an unofficial entourage for any gaps in the official ones. And she'd like to see her father pulling velvet-covered flunkeys in his wake, like a child with a toy on a string. Perlith's head spoke to another dark head, the hafor waiting respectfully several arms1 length distant; then someone on a horse – she could not distinguish voices but she heard the click of hoofs – emerged from around a corner. The rider wore the livery of a messenger, and the cut of his saddle said he came from the west. Both heads turned toward him and tipped up, so she could see the pale blur of their faces as they spoke to him. Then the horseman cantered off, the horse placing its feet very delicately, for it was dangerous to go too quickly across the courtyard; and Perlith and the other man, and Perlith's entourage, disappeared from her view. She didn't have to hear what they said to each other to know what was going on; but the knowledge gave her no pleasure, for it had already brought her both shame and bitter disappointment. It was either the shame or the disappointment that kept her mewed up in her rooms, alone, now. She had hardly seen her father or Tor for the week past as they wrestled with messages and messengers, as they tried to slow down whatever it was that would happen anyway, while they tried to decide what to do when it had happened. The western barons – the fourth solas – were making trouble. The rumor was that someone from the North, either human or human enough to look it, had carried a bit of demon-mischief south across the Border and let it loose at the barons' council in the spring. Nyrlol was the chief of the council for no better reason than that his father had been chief; but his father had been a better and a wiser man. Nyrlol was not known for intelligence, and he was known for a short and violent temper: the perfect target for demon-mischief. Nyrlol's father would have recognized it for what it was. But Nyrlol had not recognized anything; it had simply seemed like a wonderful idea to secede from Damar and the rule of Damar's King Arlbeth and Tor-sola, and set himself up as King Nyrlol; and to slap a new tax on his farmers to support the raising of an army, eventually to take the rest of Damar away from Arlbeth and Tor, who didn't run it as well as he could. He managed to convince several of his fellow barons (demon-mischief, once it has infected one human being, will usually then spread like a plague) of the brilliance of his plan, while the mischief muddled their wits. There had been a further rumor, much fainter, that Nyrlol had, with his wonderful idea, suddenly developed a mesmerizing ability to sway those who heard him speak; and this rumor was a much more worrying one, for, if true, the demon-mischief was very strong indeed. Arlbeth had chosen to pay no attention to the second rumor; or rather to pay only enough attention to it to discount it, that none of his folk might think he shunned it from fear. But he did declare that the trouble was enough that he must attend to it personally; and with him would go Tor, and a substantial portion of the army, and almost as substantial a portion of the court, with all its velvets and jewels brought along for a fine grand show of courtesy, to pretend to disguise the army at its back. But both sides would know that the army was an army, and the show only a show. What Arlbeth planned to do was both difficult and dangerous, for he wished to prevent a civil war, not provoke one. He would choose those to go with him with the greatest care and caution. â€Å"But you're taking Perlith?† she'd asked Tor disbelievingly, when she met him by chance one day, out behind the barns, where she could let her disbelief show. Tor grimaced. â€Å"I know Perlith isn't a very worthwhile human being, but he's actually pretty effective at this sort of thing – because he's such a good liar, you know, and because he can say the most appalling things in the most gracious manner.† No women rode in Arlbeth's army. A few of the bolder wives might be permitted to go with their husbands, those who could ride and had been trained in cavalry drill; and those who could be trusted to smile even at Nyrlol (depending on how the negotiations went), and curtsy to him as befitted his rank as fourth sola, and even dance with him if he should ask. But it was expected that no wife would go unless her husband asked her, and no husband would ask unless he had asked the king first. Galanna would certainly not go, even if Perlith had been willing to go to the trouble of obtaining leave from Arlbeth (which would probably not have been granted). Fortunately for the peace of all concerned, Galanna had no interest in going; anything resembling hardship did not appeal to her in the least, and she was sure that nothing in the barbaric west could possibly be worth her time and beauty. A king's daughter might go too; a king's daughter who had, perhaps, proved herself in some small ways; who had learned to keep her mouth shut, and to smile on cue; a king's daughter who happened to be the king's only child. She had known they would not let her; she had known that Arlbeth would not dare give his permission even had he wanted to, and she did not know if he had wanted to. But he could not dare take the witch woman's daughter to confront the workings of demon-mischief; his people would never let him, and he too sorely needed his people's good will. But she could not help asking – any more, she supposed, than poor stupid Nyrlol could help going mad when the demon-mischief bit him. She had tried to choose her time, but her father and Tor had been so busy lately that she had had to watt, and wait again, till her time was almost gone. After dinner last night she had finally asked; and she had come up here to her rooms afterward and had not come out again. â€Å"Father.† Her voice had gone high on her, as it would do when she was afraid. The other women, and the lesser court members, had already left the long hall; Arlbeth and Tor and a few of the cousins, Perlith among them, were preparing for another weary evening of discussion on Nyrlol's folly. They paused and all of them turned and looked at her, and she wished there were not so many of them. She swallowed. She had decided against asking her father late, in his own rooms, where she could be sure to find him alone, because she was afraid he would only be kind to her and not take her seriously. If she was to be shamed – and she knew, or she told herself she knew, that she would be refused – at least let him see how much it meant to her, that she should ask and be refused with others looking on. Arlbeth turned to her with his slow smile, but it was slower and less of it reached his eyes than usual. He did not say, â€Å"Be quick, I am busy,† as he might have done – and small blame to him if he had, she thought forlornly. â€Å"You ride west – soon? To treat with Nyrlol?† She could feel Tor's eyes on her, but she kept her own eyes fixed on her father. â€Å"Treat?† said her father. â€Å"If we go, we go with an army to witness the treaty.† A little of the smile crept into his eyes after all. â€Å"You are picking up courtly language, my dear. Yes, we go to ‘treat' with Nyrlol.† Tor said: â€Å"We have some hope of catching the mischief-one did not say demon aloud if one could help it – â€Å"and bottling it up, and sending it back where it came from. Even now we have that hope. It won't stop the trouble, but it will stop it getting worse. If Nyrlol isn't being pricked and pinched by it, he may subside into the subtle and charming Nyrlol we all know and revere.† Tor's mouth twisted up into a wry smile. She looked at him and her own mouth twitched at the corners. It was like Tor to answer her as if she were a real part of the court, even a member of the official deliberations, instead of an interruption and a disturbance. Tor might even have let her go with them; he wasn't old enough yet to care so much for his people's good opinion as Arlbeth did; and furthermore, Tor was stubborn. But it was not Tor's decision. She turned back to her father. â€Å"When you go – may I come with you?† Her voice was little more than a squeak, and she wished she were near a wall or a door she could lean on, instead of in the great empty middle of the dining-hall, with her knees trying to fold up under her like an hour-old foal's. The silence went suddenly tight, and the men she faced went rigid: or Arlbeth did, and those behind him, for she kept her face resolutely away from Tor. She thought that she could not bear it if her one loyal friend forsook her too; and she had never tried to discover the extent of Tor's stubbornness. Then the silence was broken by Perlith's high-pitched laughter. â€Å"Well, and what did you expect from letting her go as she would these last years? It's all very well to have her occupied and out from underfoot, but you should have thought the price you paid to be rid of her might prove a little high. What did you expect when our honored first sola gives her lessons in swordplay and she tears around on that three-legged horse like a peasant boy from the Hills, with never a gainsay but a scold from that old shrew that serves as her maid? Might you not have thought of the reckoning to come? She needed slaps, not encouragement, years ago – she needs a few slaps now, I think. Perhaps it is not too late.† â€Å"Enough.† Tor's voice, a growl. Her legs were trembling now so badly that she had to move her feet, shuffle in her place, to keep the joints locked to hold her up. She felt the blood mounting to her face at Perlith's words, but she would not let him drive her away without an answer. â€Å"Father?† â€Å"Father,† mimicked Perlith. â€Å"It's true a king's daughter might be of some use in facing what the North has sent us; a king's daughter who had true royal blood in her veins †¦.† Arlbeth, in a very unkinglike manner, reached out and grabbed Tor before anyone found out what the first sola's sudden move in Perlith's direction might result in. â€Å"Perlith, you betray the honor of the second sola's place in speaking thus.† Tor said in a strangled voice, â€Å"He will apologize, or I'll give him a lesson in swordplay he will not like at all.† â€Å"Tor, don't be a – † she began, outraged, but the king's voice cut across hers. â€Å"Perlith, there is justice in the first sola's demand.† There was a long pause while she hated everyone impartially: Tor for behaving like a farmer's son whose pet chicken has just been insulted; her father, for being so immovably kingly; and Perlith for being Perlith. This was even worse than she had anticipated; at this point she would be grateful just for escape, but it was too late. Perlith said at last, â€Å"I apologize, Aerin-sol. For speaking the truth,† he added venomously, and turned on his heel and strode across the hall. At the doorway he paused and turned to shout back at them: â€Å"Go slay a dragon, lady! Lady Aerin, Dragon-Killer!† The silence resettled itself about them, and she could no longer even raise her eyes to her father's face. â€Å"Aerin – † Arlbeth began. The gentleness of his voice told her all she needed to know, and she turned away and walked toward the other end of the hall, opposite the door which Perlith had taken. She was conscious of the length of the way she had to take because Perlith had taken the shorter way, and she hated him all the more for it; she was conscious of all the eyes on her, and conscious of the fact that her legs still trembled, and that the line she walked was not a straight one. Her father did not call her back. Neither did Tor. As she reached the doorway at last, Perlith's words still rang in her ears: â€Å"A king's daughter who had true royal blood in her veins †¦ Lady Aerin, Dragon-Killer.† It was as though his words were hunting dogs who tracked her and nipped at her heels.

What You Dont Know About Free Samples of Language Arts Essay Could Be Costing to More Than You Think

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issue of interests - Free Essay Example

Sample details Pages: 12 Words: 3614 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: Act Essay Did you like this example? The issue of interests which are unknown to the purchaser of land have long been a problem to less cautious buyers. This essay will examine the way in which title of land has not been indefeasible through registration due to the existence of overriding interests and will seek to explain how the new provisions of the Land Registration Act 2002 limits the scope of these interests and pursues the aim of a register which mirrors interest in title. As Gray and Gray observe, lsquo;disponees of registered land have long been subject to the potential burden of an extensive range of rights which, although never apparent from the relevant register of title, are statutorily declared to be binding. According to Gravells it was never contemplated that the system of registration of title introduced by the Land Registration Act 1925 would involve the recording of all interests affecting the land. Indeed, it was suggested that registration of some interests was eith er lsquo;unnecessary, impracticable or undesirable. The main argument lying behind this point is that such interests were usually discoverable in the course of the usual conveyancing practice used in unregistered land whereby inspection of the land and inquiries of the vendor were made. In National Provincial Bank Ltd v Hastings Car Mart Ltd Cross J. stated (at p.15): Overriding interests are, speaking generally, matters which are not usually shown on title deeds or mentioned in abstracts of title and as to which, in consequence, it is not possible to form a trustworthy record on the register. As to such matters, persons dealing with registered land must obtain information outside the register in the same manner and from the same sources as people dealing with unregistered land would obtain it. Under the LRA 1925, therefore, it was provided that the first registered proprietor with an absolute title would take the land subject to both entries on the register and als o overriding interests. Similarly, a transferee for valuable consideration of a registered estate would take subject to both registered and overriding interests and a list of what constituted overriding interests was contained in s. 70. However, the courts lsquo;extended the range of some of the principal categories of overriding interests beyond what was almost certainly envisaged. For example, it came to be permissible for unprotected minor interests to hold overriding status where the owner was in actual occupation of the land. This was the case even though such interests might not be discovered by a purchaser, even after careful inspection and inquiry. In relation to the 1925 act itself, of particular significance was section 70(1)(g)7 which provided as an overriding interest: the rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where enquiry is made of such person and the rights are not disclosed. A s Lord Denning MR said in Strand Securities Ltd v Caswell: Section 70(1)(g) is an important provision. Fundamentally, its object is to protect a person in actual occupation of land from having his rights lost in the welter of registration. He can stay there and o nothing. Yet he will be protected. No one can buy the land over his head and thereby take away or diminish his rights. It is up to every purchaser before he buys to make inquiry on the premises. If he fails to do so, it is at his own risk. He must take subject to whatever rights the occupier may have. It had been intended that through registration the register would become a comprehensive record or a mirror image of the totality of interests affecting registered estates. Yet the principle that overriding interests were enforceable without appearing on the register detracted from the principle that the register should be a mirror of the title and these interests are often referred to as the lsquo;crack in the mi rror. Moreover during the closing years of the 20th century overriding interests came to be seen as a major obstacle to lsquo;the achievement of the ultimate goal of total registration of land rights. In 2001 the Law Commission stated that lsquo;the guiding principle underlying the overriding interest provisions of the new Land Registration Act (2002) was the proposition that interests should have overriding status only lsquo;where protection against buyers is needed, but where it is neither reasonable to expect nor sensible to require any entry on the register. Despite the principle aim of making the register as accurate and reliable as possible and the obvious incompatibility with this of overriding interests, it is Thompsons view that the abolition of this category of right would not be feasible. He argues that it would not be able to engage in wholesale abolition of the rights and that the removal of overriding status without compensation carries with it the ris k of contravening Article 1 of the First Protocol of the European Convention on Human Rights which provides: Every natural or legal person is entitled to the peaceful enjoyment of his possession. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceeding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties. In order to avoid contravening this article, a cautious approach was needed. It was therefore recommended that overriding status was only removed from existing rights if one of the following conditions was met: that the rights could fairly be regarded as obsolete; those affected consented, or; there were strong policy grounds for so doing and suitable transitional arrangements were put in place15. It was also accepted that it was unreasonable to expect the holders of certain rights to have to protect them by registration. These rights have been retained under the 2002 Act as unregistered interests. As Whitters (2004) explains, there are three main categories of overriding interest: short leases, easements and profits a prendre, and interests of persons in actual occupation. In addition there is a group of less common overriding interests such as local land charges, customary rights, interests in coal mines, and rights to mines and minerals. Further, there is a group of more obscure overriding interests that will lose their overriding status in 2013 and must therefore be entered on the Register before then to secure protection. This group includes such interests as franchises, manorial rights and liability for chancel repairs. Overriding interests under the 2002 Act operate in different ways dependin g on whether the occasion is a first registration of a title or a disposition of an existing registered title. At first registration, overriding interests are listed in Schedule 1 to the Act and this list is more extensive than that operating in respect of a disposition (contained in Schedule 3). This is because the first registered proprietor should not be permitted to escape an adverse right by applying for registration. In contrast, a new owner for value should be given an opportunity to discover which rights might affect him. Thus, although categories of overriding interests remain, through introducing a time limit after which some will lose their status, removing the ability of others immediately, and redefining the remainder, the LRA 2002 has reduced the number of potential overriding interests. In addition, when dealing with first registration or the registration of a dealing with a registered estate the registry makes every effort to note on the register any i nterests which would otherwise have overriding effect, and s.71 requires applicants for registration to reveal any such interests of which they know. It is to the overriding interests dealt with by the LRA 2002 that this essay now turns. According to Gray and Gray, there are two lsquo;elementary preconditions that must be met before any entitlement met before any interest falling within Schedule 3 can override a registered disposition. Firstly, an overriding interest must affect the registered estate immediately before the disposition. There can be no claim to an overriding interest unless it subsisted immediately before the relevant date and affected the estate which is the subject of the deposition. Secondly, an overriding interest must remain in existence at the date of registration. No interest will be overriding above a registered disposition unless it is still in existence, and its priority is therefore capable of being protected at the time of the registration of the disposition. Schedule 3 of the 2002 Act provides overriding protection on most leasehold estates granted for a term not exceeding seven years from the date of grant. This is in order to safeguard the interests of vulnerable tenants whilst still providing that the register is not unduly cluttered by numerous short term leases. This is different from the 1925 Act in that, under that act, only leases granted for a period of more than twenty-one years were capable of registration. The provision does not require that the tenant is in actual occupation of the land, however it does only apply to legal leases (though equitable leases may be protected through the lsquo;actual occupation provision). One problem does remain with this system as there are exceptions to the seven year rule. The most important of these is where a lease takes effect in possession after a period of three months beginning with the date of the grant (s4(1)(d)), which is required to have its own reg istered title. As it is required to be registered, this type of lease will not override registration. The problem may arise with student lets where it is not uncommon for there to be a long delay between granting of the least and occupation. If a purchaser then buys the freehold prior to the lease falling into possession, he will take free of the previously granted lease. Gray and Gray state that lsquo;without doubt the most difficult and controversial of the unregistered interests which lsquo;override registered dispositions are those which comprise the rights of occupiers of land. Schedule 3 confirms that any lsquo;interest belonging at the time of the disposition to a person in actual occupation, so far as relating to land of which he is actual occupation will be an overriding interest. This class of overriding interest in large part replicates the protection previously given by section 70(1)(g) of the LRA 1925. Although the 2002 Act does not expressly state that only proprietary interests in land are capable of being overriding interests, it must be assumed that the position (as it was under the LRA 1925) remains as that. In National Provincial Bank Ltd v Hastins Car Mart Ltd Russell L.J. stated: [S]ection 70 in all its parts is dealing with rights in reference to land which have the quality of being capable of enduring through different ownerships of land, according to normal conceptions of title to real property. It therefore follows that it is not the fact that a person is in actual occupation of another persons land which gives him an overriding interest, as he must also establish that he has a proprietary right. For example, in National Provincial Bank Ltd v Ainsworth the House of Lords held that the lsquo;deserted wifes equity was not an interest in land, thereby precluding her from establishing an overriding interest. Under the Land Registration Act 1925, interests in registered land were categorised as either minor i nterests or overriding interest. A question which then arose was whether an interest which was defined as being minor would be transformed into an overriding interest if the owner of the right was in actual occupation of the land. In Williams Glyns Bank Ltd v Boland this issue was considered in depth. Mr Boland was the sole registered proprietor of the house he shared with his wife, who had a beneficial interest in it. Mr Boland thereby held the house on trust for himself and his wife. After Mr Boland mortgaged the house to the bank, Mrs Boland argued that as she had an equitable interest in the house and was in actual occupation of it, she had an overriding interest binding on the bank. The bank countered by arguing that, because the type of interest which she had in the land was within the definition of a minor interest, it could not be an overriding interest. Mrs Boland succeeded in her argument. The result of this decision established that for the purposes of the 1 925 act the equation of a minor interest, plus actual occupation, equalled an overriding interest. The form of this equation no longer exists, but its substance still does. This is because although the old distinction between minor interests and overriding interests has been abandoned, there is still a division between interests which are subject to an entry on the register and interests which override first registration of a registered disposition. If a right can be protected by an entry on the register, and is not specifically excluded from being able to override, then if the holder of the right is in actual occupation, the right will be protected and will override. Furthermore, lsquo;it is an unspoken pre-condition of overriding status that, at the date of the registrable disposition, the interest which is alleged to override should be fully enforceable and undiminished by any estoppel or waiver. Schedule 3 cannot therefore enhance or alter the intrinsic quality of the rights which comprise the overriding interest. In Paddington Building Society v Mendelsohn a purchaser bought a registered title in his own name, with the purchase money being partly provided by his mother and a mortgage loan. The mother later claimed that her beneficial interest behind the implied trust, along with her actual occupation, gave her an overriding interest above the mortgage charge. However, it was held that since the mother had known and intended at the date of purchase that there was to be a mortgage charge that the lsquo;only possible intention to impute to the parties was an intention that her rights were to be subject to the rights of the mortgagee. Hanbury explains that a change lsquo;of some importance in the 2002 act is the fact that those merely in receipt of rents and profits from the land are not in actual occupation for the purposes of the new act. This removes the risk highlighted in UCB v Hedworth where the non-owning beneficiary clai med an interest under a deed which had been lost. The beneficiary claimed to be in actual occupation by virtue of her receipt of rent from her husband and a tenant. Although she lost her application for summary judgment, under the LRA 1925 the outcome may have been different. Perhaps of greater importance is the fact that the overriding interest under the 2002 Act will only relate to the land that a person actually occupies, rather than the land in which he has an interest. Under the new act this is not qualified by the words lsquo;save where enquiry is made of such person and the rights are not disclosed as in the previous legislation. Schedule 3 provides that certain occupational interests are exempted from overriding status, namely: an interest which belongs to a person whose occupation would not have been obvious on a reasonably careful inspection, and; of which the person to whom the disposition was made does not have actual knowledge at that time. This does no thing to help the holder of an interest by way of occupation when they go away for short periods of time. In Chhokar v Chhokar the husband decided to leave the wife and to sell the house without her knowledge. He sold the house and obtained the purchase price while the wife was in hospital having a baby. It was held that the wife did have an overriding interest in the property. Under the new system, it is not at all clear whether the result would be the same. The status of easements and profits a prendre was formerly governed by section 70(1) (a) of the LRA 1925. It appeared that both legal and equitable interests and profits were overriding interests. This has been considerably altered by the 2002 Act. As Burns analyses, the Act protects prescriptive easements which were in existence before the legislation entered into force because they constituted overriding easements at that time. However, they are likely to be subject to subsequent registration. Prescriptive easem ents created after the act came into force will have an overriding status for an initial period only and will lose their status after October 2006 unless it can be shown that they were: registered under the Commons Registration Act 1965; lsquo;within the actual knowledge of the disponee; obvious on a reasonably careful inspection of the land, or; exercised within one year prior to the date of the disposition. It follows that under the new act, far fewer easements will have overriding status than was previously the case. Similarly, section 70(1)(f) of the 1925 act provided that lsquo;subject to the provisions of the Act, rights acquired or in the course of being acquired under the Limitation Acts take effect as an overriding interest. This has also been abolished by the 2002 Act. Rights to enforce a chancel repair liability which were formerly protected by LRA 1925, s. 70(1)(c) and which were then believed to be unenforceable under the Human Rights Act, have also been abolished. The Act also makes provision for the removal of overriding status from some of the more obscure overriding interests, though there is a delay of ten years in which the interests will remain valid. These are: franchises; manorial rights; lsquo;crown rents, and; lsquo;corn rents. If these are to be protected they must therefore be entered as a caution against first registration (where the title to the land is unregistered) or a notice. The actual transfer of registered land is currently a two stage process whereby the registered proprietor executes a document in favour of the transferee, who then applies to the registry to be registered as the proprietor of the estate. The Act is explicit that if the disposition of a registered estate or charge is required to be completed by registration it does not operate at law until the relevant registration requirements are met. This means that until registration, the transferee will not acquire the legal title to the land, causing what is known as the lsquo;registration gap. During this registration gap, under the LRA 1925 there was a risk that overriding interests could come into effect. This registration gap will soon be subject to change through the method of econveyancing. Howell explains that lsquo;the LRA 2002 does prepare the way for one change which has received little attention but which may have a profound effect on the law of real property. Once the provisions are in force the completion and registration of dealings with land will be simultaneous, meaning that no interests in land will be created until they are registered. Howell goes on to say that lsquo;the categorisation into lsquo;legal and lsquo;equitable of interests affecting land which come within the scope of e-conveyancing will be devoid of any meaning, other than that given by the land registration legislation itself lsquo;legal and lsquo;equitable interests still presently have a life of their own outside an y registration system. Under the system of e-conveyancing this may no longer be the case. Further lsquo;under e-conveyancing, it will be registration, and registration alone, that will lsquo;create a property right. Smith asks the question whether, given the electronic entry requirements, it makes sense to maintain distinctions between equitable rights and legal rights. He concludes that registered land lsquo;is increasingly a self-contained system, in which it is both unnecessary and inappropriate to look back to unregistered land principles. From the discussion above it may be seen that, although the regime of registration of title of land may have had the aim of creating a register that was a lsquo;mirror image of the interests existing in that land at any one time, the rules on overriding interests diluted the indefeasibility of title registration and went some way to destroying the fundamental principle. Since the adoption of the Land Registration Act 2002, the concept of overriding interests existing to defeat registered interests has been diluted. Indeed, many such interests have been abolished altogether, with further classes of interest due to be abolished after the passing of a certain amount of time. Moreover, the new legislation encourages the registration of interests and provides a power to the registrar to make enquiries and enter interests. However, one of the main concerns relating to overriding interests existing under the 1925 Act still exists, although perhaps to a lesser extent, today. That is the overriding interest of persons in actual occupation of premises. Although the new Act imposes a condition that the occupation must be obvious on a reasonably careful inspection, some degree of uncertainty remains as to how the concept will continue to operate at law. Perhaps the remaining overriding interests which still cause some doubt and uncertainty for purchasers, and continue to destroy the principle of title being indefeasible once registered, will cease to be of importance once the new econveyancing provisions come into force. In the meantime it should be remembered that although overriding interests are against the principle of indefeasible title, they have served an important function of protecting the rights of more vulnerable people and as such should not be abolished without great care. Don’t waste time! Our writers will create an original "issue of interests" essay for you Create order