David J. Farley of Plympton, Plymouth, United Kingdom

David J. Farley of Plympton, Plymouth, United Kingdom

Wednesday, July 25, 2007

Palmitos Park, Maspalomas, Gran Canaria



In June, I had the good fortune to pay yet another visit to my favourite holiday island of Gran Canaria in the Canary Islands. Unlike my native England the weather was superb throughout and I was able to enjoy many delightful walks and read a couple of really good novels. The highlight of my vacation this time was a return trip, after several years, to Palmitos Park.

Situated high up in the hills above Maspalomas in the south of the island it is a zoological and botanical park located in a very natural setting. Animal and vegetal species from all over the world can be viewed anywhere across its 200,000 metre expanse. This subtropical oasis, set in a location of stunning natural beauty, is unique for the careful balance and harmony between the park's facilities and nature.

Back in 1978, Palmitos Park was launched as an ornithological and botanical shelter, later opened to the public. Today it is one of the most popular theme parks in Spain and her Territories.
They have gathered in their zoological collection a large number of endangered species, many of which are included in European Breeding Programmes. On a walk through the park I visited the Orchid House, the Butterfly House where hundreds of butterflies flutter in an enclosure that recreates their original tropical habitat, and then enjoy the sight of impressive reptiles such as caimans. Also, the aquarium was a pure delight with a reproduction of a riverbed and its tropical salt-water fish, plus a large interactive enclosure that gave me the chance to get a close look at flamingos, ibises and other birds.

My most enjoyable experience was the birds of prey open air flight show against a backdrop of spectacular views of the gully. I was able to observe how some of the most striking birds of prey fly, hunt and behave. This was followed by an open air exotic bird show which included marabous, ibises, the amusing kookaburras and a flight of macaws.

However, my most abiding memory will be of the three magnificent Orangutans residing in an open air, spacious and most natural island habitat. They are from Borneo and Sumatra and form part of the endangered species breeding programme. With two amusing white-handed Gibbon primates to keep them company they all looked very happy and contented.

I cannot wait to return to Palmitos Park someday soon and I thoroughly recommend it to anyone visiting the beautiful island of Gran Canaria. Their website can be found at
http://www.palmitospark.es/




Thursday, July 19, 2007

Medieval Law but a Modern Problem

The Anglican Church of
St. Mary the Blessed Virgin
Plympton, Plymouth, Devon, UK.
Dedicated 1311.AD.

Chancel Repair Liability



This posting will be of most interest to bloggers residing in England and Wales. Recently, an acquaintance of mine, put his house in the Plympton district of Plymouth up for sale. A purchaser was found and conveyancing procedures were implemented. To his astonishment he received a letter from the purchaser's solicitors stating that search results revealed that the plot of land upon which his property stands is situated within a parish which continues to have a potential chancel repair liability. The solicitor's letter stated the property is located in a parish where there is a medieval church (Plympton St. Maurice) and legal opinion considered the liability to be very real in this regard. He was thus required to purchase a chancel liability indemnity policy of insurance at his own expense of £162.70 before the sale could proceed. This relates to the adjoining parish to my own at Plympton St. Mary.

The gentleman concerned made local enquiries and established that this was 'no wind up' and that others had experienced similar claims. There is anecdotal evidence that a lady in Market Road, Plympton, claimed she had been held responsible under medieval tithe laws for the repair liabilities of the west door of my local church at St. Mary's, Plympton, and a farmer living on the edge of Dartmoor National Park had, allegedly, discovered he was liable for repairs to the roof of nearby Yelverton Parish Church , Devon!

I was fascinated by this story and researched it on the internet and sure enough I found that chancel repair liability hit the headlines in 2000 with the High Court decision in the case of Aston Cantlow v Wallbank where Mr. & Mrs. Wallbank were ordered to pay more than £95,000 towards the repairs of the chancel of the local church. They appealed and it was allowed. However, the House of Lords overturned the Appeal Court's decision in 2003, finding that chancel repair liability was indeed enforceable. The repair costs escalated in the interim and the final blow came on 5th February this year when the High Court assessed the claim at a final figure of more than £200,000. In addition, Mr. & Mrs. Wallbank are facing legal costs of more than £100,000.

It seems that much of this problem has come to light as a result of legislation which has resulted in the computerisation of land registry records of title deeds in England and Wales which has identified ancient tithes dating back to the dissolution of the monasteries in the reign of Henry VIII. Chancel repair liability can affect land within any parish with a church dating from before the Reformation, so it affects both rural and urban areas. Under the Chancel Repairs Act 1932, it is the parochial church council (PCC) which has the right to enforce chancel repair liability. The liability runs with the land and the landowner is liable whether it knows about the liability or not. It only affects freehold land.

The Law Commission recommended in 1985 that it was not appropriate in our modern society and, further, it should be abolished after 10 years but to date no government has brought forward draft legislation to deal with this. However, The Land Registration Act 2002 (Transitional Provisions) (No.2) Order 2003 preserves the status of chancel repair liability as an overriding interest for a period of ten years beginning on 13th October 2003 (The date when the Act came into force).

I am grateful to Frances Richards, a professional development lawyer who, writing in the Property Law Journal, claims the liability will continue to bind existing owners but after the end of the ten year period of liability will only bind new owners of registered land if it is protected by an entry in the register. This will put chancel repair liability on broadly the same footing as comparable rights, such as payments in lieu of tithe, Crown rights and manorial rights.

In response to the land registration developments, the Church of England is claimed to be actively seeking to register chancel repair liability before the 2013 deadline. As trustees, PCCs have a duty to protect their assets and diocesan authorities are apparently supporting them in considering registration where appropriate. So buyers and sellers beware! Is there an ancient chancel repair liability attached to your little piece of freehold land? Check your title deeds now or else the PCC may present you with a nasty surprise one day soon! The insurance companies are selling 25 year indemnity policies at very high premiums but the churches are receiving none of the proceeds.

Pressure for the abolition of chancel repair liability is mounting. In October 2006 the Law Society made a submission to the government calling for the abolition of liability accompanied by appropriate financial contributions to historic churches, and in December it launched a campaign asking individual members to endorse its proposals. It remains to be seen whether, and if so when, this campaign will bear fruit, but in the meantime chancel repair liability is a problem which property lawyers and their clients cannot afford to ignore.

A service called ChancelCheck provided by Chancel Liability Services Ltd now offers a low-cost screening report to identify if your plot of land is within historic parish boundaries where liability may still exist. Their website can be found at http://www.clsl.co.uk/

Saturday, May 19, 2007

USS NEW YORK



Here she is USS New York! It was built with 24 tons of scrap steel from the World Trade Center. It is the fifth in a new class of warship - designed for missions that include special operations against terrorists. It will carry a crew of 360 sailors and 700 combat-ready Marines to be delivered ashore by helicopters and assault craft. Steel from the World Trade Center was melted down in a foundry in Amite , LA to cast the ship's bow section. When it was poured into the molds on Sept. 9, 2003, "those big rough steelworkers treated it with total reverence," recalled Navy Capt. Kevin Wensing, who was there. "It was a spiritual moment for everybody there." Junior Chavers, foundry operations manager, said that when the trade center steel first arrived, he touched it with his hand and the "hair on my neck stood up." "It had a big meaning to it for all of us," he said. "They knocked us down. They can't keep us down. We're going to be back." The ship's motto? "Never Forget"
Dare I say that this wonderful example of stoicism you inherited in part from the British sense of determination and survival no matter what the odds against us. From the destruction and despair of two world wars we refused to concede to the enemy and you are doing likewise. Congratulations and may God bless America.
RESURGAM: Latin for I shall rise again. Like a Phoenix from the Ashes

Monday, May 07, 2007

A Grateful Whale

I was sent this allegedly true story by a friend of mine and it so restored my faith in nature and mankind, following on so soon after the tragic events of Virginia Tech and Greensburg, Kansas, that I thought I would share it with you in the hope that you will find it as uplifting as I did. I could not find a picture of a whale so this flavour of the wonders of the sea will have to do.



A Grateful Whale


If you read the front page story of the San Francisco Chronicle, you would have read about a female humpback whale who had become entangled in a spider web of crab traps and lines. She was weighted down by hundreds of pounds of traps that caused her to struggle to stay afloat. She also had hundreds of yards of line wrapped around her body, her tail, her torso, a line tugging in her mouth. A fisherman spotted her just east of the Farralone Islands (outside the Golden Gate) and radioed an environmental group for help. Within a few hours, the rescue team arrived and determined that she was so badly off that the only way to save her was to dive in and untangle her ... a very dangerous proposition. One slap of the tail could kill a rescuer. They worked for hours with curved knives and eventually freed her. When she was free, the divers say she swam in what seemed like joyous circles. She then came back to each and every diver, one at a time, and nudged them, pushed gently around-she thanked them. Some said it was the most incredibly beautiful experience of their lives. The guy who cut the rope out of her mouth says her eye was following him the whole time, and he will never be the same.


May you, and all those you love, be so blessed and fortunate to be surrounded by people who will help you get untangled from the things that are binding you. And, may you always know the joy of giving, and receiving gratitude. I pass this on to you, my friends, in the same spirit.

Tuesday, April 17, 2007

The Virginia Tech Massacre


I would like to express my deepest sympathy to the families and friends of the victims of the Virginia Tech massacre. Suitable words are difficult to summon in such tragic circumstances. However, may it comfort all Americans to know that there are those of us overseas who are remembering you in our prayers at this very sad time. I have no intention of joining in the current internet debate about the politics of your gun culture or about the apparent short comings of the authorities in not taking earlier pre-emptive action. That is a matter for your own internal debate at some later date. For now it is a period of deep mourning for those who have lost their lives in such a needless and pointless act of barbarity, at yet another seat of learning where peace and tranquillity should always reign supreme. With the daily carnage being reported in Iraq and elsewhere in the world we can well do without this form of homegrown terrorism. May God bless America and spare Her any more catastrophic events of this terrible nature.

Thursday, February 08, 2007

Flavours of Miami and the eastern Caribbean





Christmas lights on a church in the centre of old San Juan,
Puerto Rico.















The Bacardi Distillery, San Juan, Puerto Rico.
The free samples were out of this world!

















David, June and Bob enjoying yet another glass of cabernet sauvignon following a formal dinner.














Many thanks to Dean & Arlene for this fantastic picture of a typical Caribbean sunset.



















Once a plod, always a plod! Miami Beach patrol.













A panoramic view of St. Thomas from a cable car at Paradise Point. M/S Carnival Triumph in the foreground.













School children forming an orderly queue; to use the public restrooms! St. Maartens Island.














A calypso steel youth band playing at the entrance to the port. St. Maartens Island.














Our wonderful fun ship the Carnival Triumph














Our attentive and highly efficient waiters from India on duty in the Paris Restaurant. Special thanks to Mario and his team.












Enjoying a Caribbean cocktail on a white sandy beach on St. Maartens with the turquoise sea and a light breeze to keep me cool!












Caribbean Cruise January 2007

Having just returned from a fabulous holiday in Miami and a cruise of the eastern Caribbean it is time to get back to normal and start posting on my blog once more. The cruise ship was the Carnival Triumph. She is 101,100 tonnes with 2, 750 passengers and 1100 crew. There are numerous bars, restaurants and swimming pools aboard with something for everyone, including Las Vegas style shows and a huge casino. We set sail from Miami and spent the following day at sea. Our first port of call was San Juan on Puerto Rico and I was thrilled to visit the distillery and home of one of my favourite drinks; Bacardi. Needless to say I enjoyed the free samples!

The next day we awakened in St. Thomas, US Virgin Islands and could not resist some fantastic duty free shopping in the top branded jewellery stores. We also took a cable car ride to Paradise Point for superb views of St. Thomas. Our American shipmates found it strange that they drive on the wrong (lefthand) side of the road on St. Thomas. However, for us it was the right side of the road because we drive on the left in the United Kingdom and St. Thomas was originally a British island until we sold it to USA, hence the driving on the left. It would have proved far too expensive to change all the junctions and markings to suit right hand driving and so it remains to this day!

We then sailed overnight to St. Maartens and enjoyed an air-conditioned coach tour of the Island. It is a unique place in that it is divided into two halves. One half is Dutch and the other half is French ! The islanders need two cell phones each, one registered in each half of the island, in order to avoid paying international charges when calling someone on the other side of the island! How quaint! We spent time on the beach and marvelled at the turquoise coloured sea whilst enjoying a few Caribbean cocktails before rejoining the ship a little light headed to say the least. There followed two wonderful days at sea as we sailed back to Miami. Sunbathing on our private veranda we did not want it to end, but end it must. Back in Miami the weather was still perfect and we enjoyed more hospitality on Ocean Drive and watched the annual Dachshunds Festival which was delightful. The art deco of South Beach was also a sight to behold.

Upon return to London Heathrow the weather was typically English winter and freezing cold! From sunbathing in Miami on Saturday to switching on the central heating at home on Sunday! All good things come to an end but planning starts immediately for another escape to warmer climes in the not too distant future.

Many sincere thanks to all the officers and crew on board the Carnival Triumph for such wonderful service delivered with courtesy and constant smiles despite all the pressures. Well done!

NB. For those of you concerned about green issues and CO2 emissions in particular, may I say I share your concerns too! In order to make recompense for my frequent use of air travel I donate 10% of my air fare to The Woodland Trust, a charitable organisation which works tirelessly to create, maintain and sustain our woodlands. This in turn absorbs much of the CO2 emissions caused by my frequent flying habits and thus compensates or offsets, to some extent, my personal carbon footprint. I invite you to follow my example. Please visit their website at: http://www.woodland-trust.org.uk but please return here afterwards for my latest postings. As a matter of additional interest all the waste on a Carnival cruise ship is recycled or incinerated. Nothing is discarded into the sea.