Land agreement provisions likely to breach Ch 1 prohibition Restrictions in leases may not be compatible with Ch 1, particularly covenants limiting:
Not exact matches
Corporate raider Carl Icahn has reached an
agreement with the management of CVR Energy under which the company will drop its poison pill
provision, clearing the way for a potential $ 2.26 billion bid for the Sugar
Land, Texas — based oil refiner.
Larry has worked with First Nations on
lands and resources issues for more than 25 years, and has developed extensive experience in the negotiation of impacts and benefits
agreements, environmental assessment, co-management measures and treaty
provisions.
It has been suggested to me, at a couple of levels of hearsay, that that «the US government had to implement a
provision to require the financial institutions to accept electronic signatures on
agreements of purchase and sale [of
land] for the purposes of financing.»
Our lawyers also work with clients to draft and negotiate contractual
provisions addressing environmental indemnity and other critical environmental issues in connection with
land sales and financing
agreements.
Frances's day - to - day work involves drafting and negotiating option
agreements, conditional sale
agreements, multi-conditional development
agreements, overage
provisions, collaboration and joint venture
agreements,
land assembly, asset management, acquisitions, disposals and leases and dealing with and resolving, complex title issues.
(4) An
agreement under subsection (3) may be registered against the
land to which it applies and the City may enforce its provisions against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the l
land to which it applies and the City may enforce its
provisions against the owner and, subject to the Registry Act and the
Land Titles Act, any and all subsequent owners of the l
Land Titles Act, any and all subsequent owners of the
landland.
(14) Any
agreement entered into under clause (11)(c) or (d) may be registered against the
land to which it applies and the City is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the l
land to which it applies and the City is entitled to enforce the
provisions thereof against the owner and, subject to the
provisions of the Registry Act and the
Land Titles Act, any and all subsequent owners of the l
Land Titles Act, any and all subsequent owners of the
landland.
Very soon after the ratification of the first comprehensive
land claim, The James Bay and Northern Quebec Settlement
Agreement (JBNQA), Canada and Quebec set about ignoring the
Agreement and defying its
provisions.
What is specific about these claims is that they allege non-fulfillment of a particular
provision in an earlier treaty, though, generically, a modern
land claim
agreement could also give rise to a specific claim.
Even the clear
provisions of the Indian Act dealing with federal management of surrendered Aboriginal reserve
lands can not operate unless there is a federal - provincial
agreement in place concerning the status of the surrendered
lands.
Another mechanism provided within the NTA is the Indigenous
Land Use
Agreement (ILUA)
provisions, particularly those in relation to area
agreements.50 Of particular relevance is section 24CB (c) that provides for ILUAs about «the relationship between native title rights and interests and other rights and interests in relation to the area»51 This section envisages native title as part of a range of interests that exist within a region.
Currently, these
provisions allow for consultation with native title parties on the protection of native title rights and interests and the signing of an access
agreement with registered native title parties before entry onto the
land can occur.
The Indigenous
Land Use
Agreement (ILUA)
provisions of the NTA provide additional protection to the rights and obligations agreed as a result of these negotiations.
The existing Indigenous
Land Use
Agreements (ILUA)
provisions would remain as an option for future acts otherwise covered by the new process.
Future Act
agreements between native title claimants and mining / exploration companies occur in South Australia and generally include
provisions for heritage,
land access, low impact exploration procedures, protection of Aboriginal sites and employment and training opportunities.
However, it is a right which exists in an Act which makes
provision for the future dealings in
land and where, if
agreement is not reached about the doing of a particular future act, the Tribunal is mandated to take into account not only the impact of a proposed future act on claimants» native title, way of life, culture and traditions and social, cultural and economic structures etc (s 39 (1)(a)(i)- (v)-RRB- but also the economic significance and any public interest in the doing of the future act (s 39 (1)(c) and (e)-RRB-.
Further, that the process for certification of Indigenous
Land Use
Agreements (ILUA) in the Native Title Act 1993 (Cth) be used as a model for developing replacement
provisions to ensure the informed consent of traditional owners.
It also acknowledges the
provisions introduced by the 1998 amendments to the Native Title Act regarding Indigenous
Land Use Agreements, as well as the creation of the Indigenous Land Fund in 1995 to purchase land for indigenous Australians unable to benefit from recognition of native ti
Land Use
Agreements, as well as the creation of the Indigenous
Land Fund in 1995 to purchase land for indigenous Australians unable to benefit from recognition of native ti
Land Fund in 1995 to purchase
land for indigenous Australians unable to benefit from recognition of native ti
land for indigenous Australians unable to benefit from recognition of native title.
While the CERD acknowledged that the
provisions introduced by the 1998 amendments to the Native Title Act regarding Indigenous
Land Use Agreements, as well as the creation of the Indigenous Land Fund in 1995 to purchase land for Indigenous Australians unable to benefit from recognition of native title, the Commission also notes that the intended response to the Mabo decision by the Australian Government in 1992 has not yet been implemented in its entir
Land Use
Agreements, as well as the creation of the Indigenous
Land Fund in 1995 to purchase land for Indigenous Australians unable to benefit from recognition of native title, the Commission also notes that the intended response to the Mabo decision by the Australian Government in 1992 has not yet been implemented in its entir
Land Fund in 1995 to purchase
land for Indigenous Australians unable to benefit from recognition of native title, the Commission also notes that the intended response to the Mabo decision by the Australian Government in 1992 has not yet been implemented in its entir
land for Indigenous Australians unable to benefit from recognition of native title, the Commission also notes that the intended response to the Mabo decision by the Australian Government in 1992 has not yet been implemented in its entirety.
In certain cases, the subdivision
agreements drafted by municipalities have
provisions requiring the developer to turn over the buffer
land to the municipality after their share of the recovery fee has been paid.
So while you need to do your due diligence when buying any developable
land, the builder needs to recover their cost of putting in services and the municipalities need to ensure
provisions in the subdivision
agreements to avoid these situations.