The effects of the Land Registration Act - Free Essay Example

Sample details Pages: 10 Words: 2879 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Level High school Did you like this example? The system of land registration inaugurated by the Land Registration Act 1925 was a laudable and important step in simplifying the way title to land was recorded and conveyed. In time, however, significant defects began to emerge. What were those defects and to what extent has the Land Registration Act 2002 provided a cure? Prior to the introduction of a system of land registration, the only way to establish a sellerà ¢Ã¢â€š ¬Ã¢â€ž ¢s right to dispose of a property was from title deeds, searches and inspection of the land itself[1]. The system of registered conveyancing, introduced in the late 19th Century and simplified by a body of legislation created in 1925, offered a single statement of title guaranteed by the State. Don’t waste time! Our writers will create an original "The effects of the Land Registration Act" essay for you Create order The Register purported to operate as a à ¢Ã¢â€š ¬Ã‹Å"mirrorà ¢Ã¢â€š ¬Ã¢â€ž ¢, reflecting the totality of estates, interests and charges affecting the land so that any prospective purchaser in good faith and for value could be confident that the title they acquired was absolute and indefeasible[2]. If any person suffered loss as a result of an omission or mistake in the Register, they were entitled to be indemnified for that loss (Gray Gray, pp.1288-1289[3]). However, it was soon apparent there was no perfect reflection of the state of the title to land at all. The history of the title did not appear on the Register as this was not relevant to the current state; neither did rights affecting the land which were capable of registration but had not been registered. Further, rights obtained by fraud appearing on the Register were not binding, and finally, some rights were protected without the need for registration if they could not easily be registered. These were binding if they coul d be discovered without looking at the Register or were matters of common knowledge (Carter, p.128[4]). Consequently, it was not possible to rely on the Register as the à ¢Ã¢â€š ¬Ã…“complete record of everything that affects the titleà ¢Ã¢â€š ¬Ã‚ [5] that was envisaged. It was recognised in time that the 1925 legislation was poorly drafted in a time when registered land was seen as a à ¢Ã¢â€š ¬Ã…“procedural adjunctà ¢Ã¢â€š ¬Ã‚  1 to unregistered land and the main aim was to minimise the differences between the registered and unregistered systems, rather than achieve a complete and accurate register of title to all land. It is perhaps for this reason that, despite introducing compulsory registration that extended to the whole of England and Wales by 1 December 1990, a large proportion of land still remains unregistered. Further, the Register did not reflect a wholly accurate picture of all rights and interests in the land. Too many valuable property rights remained unreg istered and this resulted in an unsatisfactory system of uncertainty. An important example of such unregistrable rights can be found in short leases for a fixed term of 21 years or less. The Regulatory Impact Assessment of 2001 estimates that there are approximately three million short leases in existence in total, with about 45,000 granted or sold each year. Of these, 6,500 are estimated to be commercial leases with the average new commercial lease term being fifteen years long1, although recent research has suggested that the average length of a lease for commercial property has nearly halved over the last 3 years from 12.8 years to 7.7 years[6]. However, under the 1925 legislation, these would only be protected as overriding interests. A purchaser for value takes subject to the overriding interest if it subsists at the date of registration of the purchaserà ¢Ã¢â€š ¬Ã¢â€ž ¢s title[7]. This position resulted in the register being of little use to those dealing with commercial p roperty of this type1, and promoted a system of uncertainty and lack of transparency. A further problem with the 1925 legislation was that registration did not protect a registered owner against adverse possession of his property by squatters. Under the Land Registration Act (à ¢Ã¢â€š ¬Ã…“LRAà ¢Ã¢â€š ¬Ã‚ ) 1925, when a squatter took adverse possession of land, the paper owners had 12 years within which to bring action against the squatters before their right to take action was statute barred. Generally this involved cases of land theft and boundary disputes, with the RIA reporting millions of pounds worth of property belonging to local authorities in London being successfully claim by squatters in the 1990s and hundreds of cases per year being assessed in relation to plot definitions on new build housing estates1. In addition to providing a lack of security for the land owner that registration of land ought to provide, where a squatter has been in adverse possession of th e land, the Register does not accurately mirror ownership as it may be the case that the squatter has acquired title which is not reflected by the Register[8]. Although the paper ownerà ¢Ã¢â€š ¬Ã¢â€ž ¢s title may have been extinguished[9], the legal estate was still vested in him as registered proprietor. The squatter had to apply for registration and pending this, the paper owner held the estate on bare trust for the squatter[10]. The squatterà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights were protected as an overriding interest under Section 70(1)(f) of the LRA 1925. As there was no requirement that the squatter should be in actual occupation, they might not be discovered from an inspection of the land and may even be unknown to the Vendor, as was the case in Red House Farms[11] where the owner was unaware that the defendant was shooting fowl on his land. Interestingly, the combined effect of Section 75 LRA 1925 and the Limitation Act 1980 was held to be incompatible with Article 1 of the First P rotocol of the Convention for the Protection of Human Rights and Fundamental Freedoms. The legislation should not have allowed the removal of the landownerà ¢Ã¢â€š ¬Ã¢â€ž ¢s property rights without payment of compensation, thus the Court had to reinterpret the statutory provisions in accordance with section 3 of the Human Rights Act 1998 to enable the landowner to retain title to the land[12]. A further area that arguably caused the most litigation and consequently, desperately required readdressing was the issue of overriding interests. Under the LRA 1925, these included à ¢Ã¢â€š ¬Ã…“incumbrances, interests, rights and powers which are not entered on the register, but override registered dispositions under the Actà ¢Ã¢â€š ¬Ã‚ . These might include, for example, equitable interests that are openly exercised and enjoyed[13] (but may not be apparent from a single inspection prior to purchase of the property!). Of particular concern, s.70(1)(g) protected the rights of persons in actual occupation of the land or in receipt of rents, save where enquiry had been made of them and their interest had not been disclosed[14]. These rights were usually discoverable from inspection of the property but this has not always been the case, and it was not sufficient just to make enquiries of the Vendor, but necessary to make enquiries of the person benefiting from the overriding interest[15]. Further, any overriding interests existing at the time of registration bound the purchaser, with the exception of those arising under s.70(1)(g) which depended on the date of actual occupation[16]. Such interests as easements and short leases could, in theory, have been created between completion and registration which bind a purchaser, thus resulting in the problem of the so called à ¢Ã¢â€š ¬Ã‹Å"registration gapà ¢Ã¢â€š ¬Ã¢â€ž ¢. The LRA 2002 came into force on 13 October 2003, although the e-conveyancing sections will not be fully operational for several years. The primary objective of the new legislation, according to the Law Commission Report, is for the Register to be à ¢Ã¢â€š ¬Ã…“a complete and accurate reflection of the state of the title of the land at any given time, so that it is possible to investigate title to land online, with the absolute minimum of additional inquiries and inspections.à ¢Ã¢â€š ¬Ã‚ [17] This appears to be a rewording of the mirror principle which has been one of the fundamental aims of a system of registration, as discussed. Indeed, in pursuit of this objective, the 2002 Act brings in a number of significant changes which have had great impact on the problems identified with the 1925 legislation. Most importantly to that objective, the Act extends the type of transactions that are subject to compulsory first registration. These include leases granted for a term of more than seven years and assignments of leases that have more than seven years left to run. As well as providing greater certainty and transparency o f title, this will catch far more valuable commercial leases (whilst not affecting shorter, low value residential leases) and make the Register far more useful to those trading in commercial property. Indeed, the ultimate aim of the Law Commission is that all leases granted for more than 3 years will be subject to compulsory registration, and the LRA 2002 reserves power for statutory instruments to be made reducing the period after consultation[18]. Until such a time, leases of a period of less than seven years (with exceptions) take effect as overriding interests[19]. This is unfortunate as it may result in leases being reduced in length to avoid registration requirements and it again allows for a category of interests that may not appear on the Register, albeit a reduced one. The Act also catches leases granted to take effect in possession more than 3 months in advance (of any length), thus reducing the possibility of a purchaser taking subject to a lease where the tenant has n ot yet gone into occupation and whose interest will not be apparent from an inspection of the property. In addition, the Act now allows registration of valuable rights which were not capable of registration under the 1925 legislation, including franchises, profits ÃÆ'   prendre in gross, leases with more than 7 years left to run, discontinuous leases, demesne land and land covered by internal waters adjacent to England and Wales. It is however no longer possible to register a manor. These additional categories will ensure that the Register provides a more accurate account of all interests affecting the land. Further, all legal easements which are expressly created are ineffective unless completed by registration against the title of the servient tenement22, although provision is made for legal easements or profits made by implied grant or by prescription, of which the purchaser knows or could have been discovered from a reasonably careful inspection of the land, or which ha ve been exercised within one year of purchase22. Equitable interests are not included but these are instead minor interests binding only if protected by a notice on the Register. This reverses the decision of Celsteel[20] mentioned above. It also provides incentive for registration and again pushes towards a more complete and accurate register. However, despite the significant reforms, not all rights and interests will appear on the title. As was the case under the 1925 legislation, Public-Private Partnership leases and mines/minerals are not subject to compulsory first registration. Assignments or surrenders of leases to an immediate landlord where the lease merges, nor the assignment of mortgage terms are not caught by the new provisions[21], neither are transfers of property by operation of law (for example, the vesting of title in personal representatives[22]). Mortgages by way of demise or sub-demise are also excluded, although these are rare[23]. Arguably, the exclusion of these various rights and interests is incompatible with the main objective of the legislation, to provide an accurate mirror of the title. Further, overriding interests, although modified and reduced under the new legislation, remain an issue although some will lose their overriding status after ten years. Interests that override on first registration are contained in Schedule 1 to the Act whereas interests that override on a registered disposition are contained in Schedule 3. The most contentious provision of the LRA 1925, section 70(1)(g) is now far more specific and restricted. It is now necessary for the person to be in actual occupation of the land (reversing the decision in Ferrishust)[24] and receipt of rent or profits alone will not suffice as occupation. As before, inquiry must be made of the person who has the overriding interest although provision is made for persons who could not reasonably have been expected to disclose it. Importantly, under Paragraph 2(1)(c), a pur chaser takes free of the rights of an occupier whose presence would not have been revealed by a reasonably careful inspection of the property, where the purchaser does not have actual knowledge. Significantly, there is no equivalent of s.70(1)(f) in the new Act as it was decided that the system of adverse possession was not consistent with a system of registered title[25]. The new scheme of adverse possession reflects the fact that the basis of title to registered land is the fact of registration, not possession. Part 9 and Schedule 6 of the 2002 Act provide that Limitation Acts shall not apply to a registered title. Instead, a person who has adversely possessed the land for ten years can apply to the Registry for registration as proprietor. The present proprietor will then be notified of his application and has two years in which to recover possession of the land, after which the adverse possessor may apply for registration once those two years have expired. The effect of these changes are to make registered property virtually à ¢Ã¢â€š ¬Ã‹Å"squatter-proofà ¢Ã¢â€š ¬Ã¢â€ž ¢ and they offer a good reason for unregistered landowners to consider voluntary first registration to take the benefits of them. Besides offering a greater security to registered landowners, they also solve one of the significant flaws identified earlier in the 1925 legislation in relation to potential purchasers who have no way of discovering a squatter has taken adverse possession. To further ensure that the Register is a complete record, an applicant for registration now has a duty under the new legislation to provide information to the registrar about any unregistered interests affecting the land which override first registration that are within the applicants actual knowledge[26] although unfortunately there are no sanctions for failing to comply with this provision. In conclusion, the provisions of the LRA 2002 have successfully clarified and uncomplicated what was accepted t o be a poorly drafted and out of date body of legislation. Whilst not ensuring every interest is included on the title to a registered property, the provisions have greatly widened and extended the scope of the system of registration, offering greater security for landowners, increased transparency and certainty. The number of rights that cannot be or do not have to be registered has been greatly reduced, and a significant number of steps have been taken to ensure that the Register is an accurate, reliable reflection of all matters affecting the land. Not all problems have been dealt with and whilst matters such as overriding interests continue to exist, the Register will never be complete enough for a purchaser to rely on without making additional extensive enquiries. Further, the registration gap issue will not be resolved until there is simultaneous completion and registration, which will occur when the e-conveyancing sections are brought into force. There are however proposal s in place for continued reform, including reducing the requirement for registration of leases from 7 years to 3 years. These must strike a balance between the objective of achieving a complete Register of title, and the protection of the rights of persons having an interest in the land who cannot register them or do not know to[27]. Burn, E H (2004) Land Law: Cases and Materials (8th Edition), Oxford University Press, Oxford (for cases/statutes) Carter, E, Jones, R, Morgan, G and Paltridge, S (2003) Law: Ownership Trusteeship à ¢Ã¢â€š ¬Ã¢â‚¬Å" Rights Responsibilities, Oxford University Press, Oxford Cracknell, D G (2005) Land: The Law of Real Property (6th Edition), Old Bailey Press, London (for cases/statutes) Department of Constitutional Affairs Website: Land Registration Bill Regulatory Impact Assessment, June 2001 https://www.dca.gov.uk/risk/landria.htm [Accessed: 27 December 2005] Gray, K Gray, S F (2005) Elements of Land Law (4th Edition), Oxford University Press, Oxford Law Commission Website: Law Commission report: Land Registration for the Twenty First Century: A Conveyancing Revolution www.lawcom.gov.uk/docs/lc271.pdf [Accessed: 27 December 2005] Office of Public Sector Information Website: Land Registration Act 2002: Explanatory Notes Chapter 9 https://www.opsi.gov.uk/acts/en2002/2002en09.htm [Accessed: 27 December 2005] PracticalLaw.com Website: https://www.practicallaw.com [Accessed: 27 December 2005] Wilkie, M, Luxton, P Malcolm, R (2005/6) Land Law (5th Edition), Oxford University Press, Oxford 1 Footnotes [1] Land Registration Bill Regulatory Impact Assessment, June 2001 [2] British American Cattle Co v Caribe Farm Industries Ltd [1998] 1 WLR 1529 at 1533E-F per Lord Browne Wilkinson [3] Gray, K Gray, S F (2005) Elements of Land Law (4th Edition), Oxford University Press, Oxford [4] Carter, E et al (2003) Law: Ownership Trusteeship à ¢Ã¢â€š ¬Ã¢â‚¬Å" Rights Responsibilities, Oxford University Press, Oxford [5] Overseas Investments Ltd v Simcobuild Construction Limited (1995) 70 P CR 322 at 327, as per Peter Gibson LJ [6] Study by Nelson Bakewell and the Occupiers Property Databank, March 2003 [7] Section 70(1) Land Registration Act 1925 [8] Carter, E et al (2003) Law: Ownership Trusteeship à ¢Ã¢â€š ¬Ã¢â‚¬Å" Rights Responsibilities, Oxford University Press, Oxford [9] Section 17, Limitation Act 1980 [10] Section 75(1) Land Registration Act 1925 [11] Red House Farms (Thorndon) Ltd v Catchpole [1977] 2 EGLR 125 [12] Beaulane Properties Ltd v Pal mer, 23 March 2005 (High Court). [13] Celsteel Ltd v Alton House Holdings Ltd [1985] 2 All ER 562 [14] S.70(1)(g) Land Registration Act 1925 [15] Hodgson v Marks [1971] Ch 892 [16] Abbey National Building Society v Cann [1991] 1 AC 56 [17] Law Commission report: Land Registration for the Twenty First Century: A Conveyancing Revolution, para 1.5 [18] Land Registration Act 2002 Section 118(1) [19] Land Registration Act 2002 Schedule 3 Paragraph 1 [20] Celsteel Ltd v Alton House Holdings Ltd [1985] 2 All ER 562 [21] Land Registration Act 2002 Section 4(4) [22] Land Registration Act 2002, Section 4(3) [23] Land Registration Act 2002, Section 4(5) [24] Ferrishust Ltd v Wallcite Ltd [1999] 1 All ER 977 [25] Wilkie, M et al (2005/6) Land Law (5th Edition), Oxford University Press, Oxford [26] Land Registration Act 2002 Section 71(a) and rule 28, Land Registration Rules 2003 [27] Hypo Mortgage Services Ltd v Robinson [1997] 2 FLR 71

Fall Prevention Programs Are Not As Successful As Desired

Research Problem/Purpose This article’s main research problem was that most fall prevention programs depicted in hospitals were not as successful as desired. Despite implementation of the programs, hospitals still had a high rate of falls and/or injuries related to falls within their units. The purpose of this particular study was to solve this problem and examine the contribution of the response time to a patient’s call light and the fall related injuries in adult, in-patient facilities. Variables/Hypothesis/Questions/Assumptions Within this research, there were many constructs and variables to be addressed. The covariates/controls were the hospital type, total nursing hours per patient, the percentage of registered nurses (RNs) working those hours, average case mix index, percentage of patients 65 years or older, percentage of altered mental status patients, percentage of patients with hearing problems and the call light usage rate per day. This research had one independent and two dependent variables. The independent variable had to do with the average response time to the call lights. The dependents were the fall rate and the injury-related fall rate. The operational definitions for both dependent variables were (number of total falls x1000/total patient-days) and (number of injury x 1000/ total patient-days). Patient-days refers to how many patients were dealt with per day. The two hypotheses that were being tested were call light response times in relation to fallsShow MoreRelatedCase Study : Fall Preven tion Program1400 Words   |  6 PagesFall Prevention Program Employers are continuing to face rising health benefit costs and are constantly looking for alternatives to control these escalating costs. Health benefit premiums continue to increase at a double digit pace for employers and employees (Poor, Ross Tollen, 2004). This escalation is putting environmental pressures on all impacted stakeholders, including insurance and health care providers. Companies and insurance providers are squeezing this industry to get a handle onRead MoreEvaluation Of A Vulnerable Population1214 Words   |  5 PagesProgram Planning and Evaluation in a Vulnerable Population The hospital acute care nurses have a difficult time and contradictory set of goals providing direct patient care (Oliver et al., 2008). Aside from maintaining patient safety during hospitalization, nurses need to address the problem that prompted the patient’s hospital admission. Hence, they must help support or assist the patient to an optimal state of physical and mental health (Chang et al., 2004). Oliver et al., (2008), stated fallRead MorePositive Behavioral Intervention Essay1313 Words   |  6 Pagesreinforcement fall in line with Skinner’s Theory. P.B.I.S. follows a three-tiered framework in order to prevent and correct problem behaviors. * Primary Prevention Strategies are implemented school wide. The purpose of the uniformity is to create a positive school culture, which is for all staff to teach and reinforce positive behavior in a consistent way. * Secondary Prevention Provide additional intervention for at-risk students who may need slightly more prevention. This can beRead MoreEssay On New Member Experience1421 Words   |  6 PagesFor more information about the New Member Experience, please refer back to section C. Beyond the New Member Experience, all of our members benefit from Every Member Education. The chart to the right outlines the structure for education that falls under each pillar. The courses are meant to cover a variety of topics beyond the Kappa experience, including personal, professional and intellectual development. Below are some examples from our EME Learning Portal. Every Member Education is designed toRead MoreA Report On The New Healthcare Reform2212 Words   |  9 PagesFall Prevention Healthcare industry is constantly changing we are seeing more technology and customer focus innovation to meet the needs and well being of the patient. The introduction of the New Healthcare Reform is challenging leaders to reduce cost, decrease waste, deliver personalized experience, improve quality, and safety. According to Mc Natt (2015), â€Å"improvement in the quality of hospital care is a fundamental aspect of health system strengthening that is directly linked to the service deliveryRead MoreImplementing A Comprehensive Audit Plan Essay1501 Words   |  7 Pagesfinding ways to implement a comprehensive audit plan to reduce the likelihood of fraud occurring. Ideas associated with the SDLC and how to create phases that will fall in line with this execution are also detailed in this assignment. The SDLC assists in reducing fraud and cannot be applied lightly; this plan makes the process of fraud prevention and detection easier to succumb. Updating policies and procedures is an ongoing process that cannot go unkempt.â€Æ' Establishing a Comprehensive Audit Plan The acronymRead MoreInstructional Training Programs Over The Thor3 Program969 Words   |  4 Pagestraining programs over the THOR3 program are likely the result of misinformation, a lack of program education, or preconceived notions that are easily dispelled. Discussion with different individuals within USASOC will bring varying reasons for not taking advantage of the THOR3 program. In a survey of people that did not use the THOR3 program despite knowing it was available, their reasons ranged from the perception that it was too time intensive to a personal preference for an alternate program suchRead MoreTruancy and Adolescents Rebelllion Essay examples1428 Words   |  6 Pagesfunding (as school districts are awarded Federal and State cash based on attendance figures) and tax hikes due to welfare costs (as data indicates a link between truancy and future financial instability) (Prevention, 1996). In essence, it’s a bigger issue than it may seem. State and national programs are failing in deterring absenteeism and that is because they fail to focus on the larger picture. Hitting multiple problem areas at once is the key. Strategies have to swing the balance between carrotRead MoreCRJ 180 WEEK SEVEN Essay1560 Words   |  7 PagesHILSBOROUGH COUNTY, FLORIDA Hillsborough County in the state of Florida initiated a program called the Juvenile Arrest Avoidance Program or JAAP in August of 2010. The the Juvenile Detention Alternatives Initiative (JDAI) was also implemented to provide at-risk youths the greatest opportunity to mature into responsible, law-abiding adults. Although there is more than one goal for the purpose of each program, the main purpose of JAAP is to keep first-time juvenile offenders out of HillsboroughRead MoreRoadmap to RtI Pre-K Essay678 Words   |  3 PagesRtI is a framework, not a program. It is a process that involves instruction, assessment, and intervention. This tool is utilized by educators to increase the likelihood that the students can be successful and maintain their class placement by early recognition and deliver appropriate instructional interventions. With this tool teachers can address the needs using research-based learning. All of the students’ progress is assessed early and often. A common concern shared by the parents and teachers

Marketing Management To Sustain a Competitive Market.

Question: Discuss about the Marketing Management To Sustain a Competitive Market. Answer: Introduction: This report involves the management of marketing strategies and approaches to sustain a competitive market. Marketing management involves different approaches that facilitate effective distribution of the products as well as the service to the consumers. In this study focus, has given in the PXG Golf Clubs. This company deals with the golf accessories and required to adopt the attributes for the successful management of the marketing criteria. There are established brands such as Nike and Adidas that have already established their product in this regard hence, it is quite appropriate to adopt a strategic marketing vision for the PXG Golf Clubs so that they can anchor their business successfully. This report has evaluated the background of PXG Golf Clubs to involve an appropriate marketing analysis with the help of SWOT analysis that too shed light on the strength, weakness, opportunity and threats for the organization during their marketing of the products. Segmentation of the products is crucial for any organization as it actually helps to reach the brand to the targeted audience. Moreover, dimensions of an opposite marketing mix have also been incorporated to understand the actual scenario of the demand and supply for the company. A tool like PESTLE has also been used to get an idea about the objectives of the company to firm the base of the organization in the market. Apart from that, marketing strategies have been presented that includes the 4Ps approaches to place the product successfully and reach the people. This report has included an overall view on the marketing management for PXG Golf Clubs to obtain a successful business plan and reach the maximum valid audience. Current market situation: Barrett and Weinstein (2015), mentioned that reviewing the background of an organization always helps to have the essence of the present situation of a company as well as future prospects of the firm. PXG stands for Parsons Xtreme Golf Clubs that was put in the function by Bob Parson in the year of 2014. Bob is himself a golfer and marked his own brand of golf clubs due to the unsatisfactory outcome from golf clubs of other company (Pxg.com. 2016)Earlier the situation was not in favor of this company; it was difficult to get a place where there are already established brands like Nike, Taylor made (powered by Adidas). Reports have stated that several critical views were given prior to the launch of the products; such the company will be a complete failure in this regard. Hence, few components have been discussed below to help PXG golf clubs for sustaining of the business. Market segmentation of the products: Market segmentation of the products is essential as the preferences of the products can vary for the different class of the population. Segmentation of the products allows the company to customize their products according to the demand of the market (Huang and Sarigll 2014) Surveying on the market is the ultimate criteria for the proper segmentation of the products. The golf market has been increasing for the past 20 years resulting in more opportunity for such companies (Mullin, Hardy and Sutton 2014). There are several innovative ideas such as allowing low and mid budget daily fee for the interested people with a moderate financial background. This has made the sports accessible to more people. However, there are also options for the high rate of daily fees for people with higher income and corporate sectors. All these approaches have opened this classic sport to the mass that has in turn extended the market for the products of PXG Golf Clubs. P XG currently deals with the high-end Irons for an only particular class of the audience. They can capture the maximum of the market if they focus on the segmentation as discussed before. Competition in the market: There few competitors in the golf industry such as Nike, Golfsmith and Adidas, who have already set up their benchmark in this arena of service. This has made the situation tough for the PXG to gear over the already existing recognition of those branded products. However, as Nike has taken off their hand from the business of the golf clubs vast opportunity has been created for the PXG. Moreover, Golfsmith has been facing the bankruptcy situation one more competitors have got off the field. Armstrong et al. (2014) suggested that when a company leaves the market it also leaves its residual clients free for the other company; thus, PXG must grab this scope by drawing all the golfers towards its products. To implement this strategy they maintain the quality of their products up to the expectation level of the clients. Distribution of the products: Distribution of the products requires placing the products correctly among the audience so that they can easily get an idea about the products and qualities of the products. Promotion plays a major part for the promotion of any product (Slack 2015). PXG requires coordinating with the distributors along with the advertising of their products sufficiently. SWOT Analysis: SWOT analysis one of the marketing tool that actually helps to assess the current condition of an organization while making an assumption on the future prospect of the business for the concerned company (Kotler et al. 2015) Here, SWOT analysis has been included to acquire both the positive and negative aspects of the PXG as well as it will also provide the challenges present in this sector that can affect the growth of the company, moreover there are some scope described here to understand the measures that can help to expand a stable business. Strengths: Golf industry has the strong financial base as golf is sometimes marked as the sports of the wealthy peoples. Moreover, this sport holds some loyal range of the clients who can keep up with the new equipment and innovative ideas of this industry. People are getting attracted to this sport day by day; hence the market is growing for the companies like PXG. Corporate sectors are keen on investing in the golf industry; thus, there is sufficient monetary flow for this sector. Weakness: The main weakness of the golf industry is that till present day golf is recognized as the sports for the posh society; hence this sport have left less impact on the mass population to belong to the different classes (Prahalad and Ramaswamy 2013). Moreover, this sport is not so popular across the world. Elegant infrastructure is required for golf; apart from that, higher costing makes it difficult to start this business. Fewer campaigns are organized by the companies to showcase the positivity of the products as well as the events; thus, a large number of people show no interest in this sport. Opportunities: There are potentialities for the market expansion in the golf industry. The young generation is showing interest towards this sector. Availability of the sponsors can draw more people as financial support will be given to the players. Moreover, competitive markets always help to increase the level of the products and service (Limehouse, Maloney and Rotthoff 2012). Thus, PXG can always allure more players if they set the quality of the products too high. Governmental initiatives to promote this sport can also make more people interested and be aware of golf. Many countries are taking interest to host the golf tournaments as well as supporting the adequate infrastructure resulting into spreading the sports worldwide. Threats: One of the main problems in the golf industry is fluctuation in market condition of different countries. New companies always enter into the market making the market share unstable. Moreover, existing brands tend to shift in different criteria like Srixon, which only dealt with golf clubs; however, they changed the focus of their business by shifting golf ball manufacturing. The sudden slump in market and recession are few points that affect the golf industry. Corporate sectors tend to hold a share in this industry; hence, an unstable economic situation can make them turn their face off the market. Less number of campaigning and advertisement can be arrayed with the promotion of the golf industry that in turn could affect the companies like PXG negatively. Objectives to hold a place in the market: According to, Sotiriadou (2013), every company has different goals and objectives to achieve the expected result, profit margins and a stable position in the market. PXG appeared in the golf industry in 2014. From the initial stage, this company has faced tough competition with the recognized brands. As Millington and Wilson (2013), mentioned that situation gets tough for a crawling company when the entire place nave been taken by the stand tall big names. Many critics have passed their opinions by saying that this company compete with those big brands and have to wind up their business within 12 months. However, till 2014, not only the company has sustained their business smoothly, but also has been recognized as the finest golf club manufacturer. This transition would not have been possible without the adequate objectives of the business and the right goals to be achieved for holding a large share of the market. No additional efforts are not required when a firm has put all its effort to make a product of highest quality (Wilson et al. 2012); this is also true for the PXG, as they have satisfied their client by providing utmost service. Moreover, an entrance of the PXG has also shaken the market of two premium brands like Miura and Epon. Reports have also disclosed the sales volume of PXG is approximately 42 million dollars in present years, which is not compatible with the business of Taylormade. However, the founder, Bob Parson stated that the company has enhanced its business from that of the last year, also he quoted that the company will follow its objectives to complete the vision. Another important fact is the market expansion of the business that has also been handled quite successfully by PXG. This company has expanded their business in 26 countries, making it one of the giant shareholder in the golf industry. It has been believed that people outside the USA are less focused in golf industry; however, PXG has taken the initiatives to earn more profit by expanding their business worldwide. Nike has announced about their packing up of the business of golf club production while Taylor made has also on the verge of selling their business. In this context, PXG has got the opportunity to branch out their market by allowing superior products and constant service. Moreover, PXG has continuous checked their pricing of the products as it is helpful for the healthy competition. Morse (2015), mentioned that it is good when there are too many companies competing for the best position, as it will restrict the price of the products while increasing the quality of the produ ct. PXG has got the strong financial backup. Monetary flow in business affects the productivity, marketing, branding and service of an organization (Shank and Lyberger 2014). Another important strategy, PXG has adopted, is the contractual agreement with the golf professionals such as Billy Horschel and Zach Johnson. This step has influenced the profit margin of this company as people get interested in a particular product when they find their favorite player is using it (Chung, Derdenger and Srinivasan 2013). These strategies always boost the selling of the products along with adding more reliability to the products. The innovative ball speed technology is another innovation of PXG golf clubs that have provided satisfactory results making them look forward with further services from this company (PGATour. 2016). Marketing mix strategies: As mentioned by, Khan (2014), marketing mix actually gathers the information and encompasses it for the unique selling approaches of brand or products. The measures of a marketing mix can allow four aspects such as products validity, pricing of the products, promotion of the goods to grab the attention of the people and appropriate placing of the products so that audience can easily avail it. This is also known as the 4Ps theory. An explanation has been given on these four attributes relating it to the PXG. Product: Having a clear grasp on the products make the audience aware of the actual cause behind their buying or using the product (Kunkel, Doyle and Funk 2014). PXG needs to hold a transparent policy to the customers about the standard of the products and about the materials of their golf clubs. Hence, clients can easily compare and understand the product quality with that of other brands. A company must have the knowledge about their products and the uniqueness of their service so that, it can highlight those properties in front of the audience (Selnes 2013). Price: Pricing of the products carries the significance as it values the market for a product. As PXG develops some high-end golf clubs, the company also set the price of their products at a level that prioritize the quality over the cost. Hinterhuber and Liozu (2014), mentioned the price of the products always affect the profits, demand and supply of the products as well as further marketing strategies. If a company lose its focus from the proper pricing strategy it will face loss either in terms of losing the customer due to the unaffordable products or unable to make up the production cost of the products due to too much low pricing. Place: According to, Funk, Alexandris and McDonald (2016), the main objective of placing a product is converting the potential public into the confirmed clients. Therefore, placing is critical for any organization, PXG as well. Opening a store in a distant place has not proved to be helpful for the companies. PXG can place the products such a way that can catch the eyes of the consumers easily without creating confusion. Confusion to find a store makes people irritated resulting into falling of interest in that brand or their products. Hence, PXG can locate their store in a supermall or center of the crowded place so that maximum people get attracted easily towards the brand store. Promotion: Promotion of a brand or a product is crucial to creating an impact on the public (Hoye et al. 2015). Promoting a product can be done using various means of communication. Some companies focus more on the social media marketing whereas other companies prefer to maintain a successful public relation to leaving direct impression on the customers. There are also traditional ways like advertisement on newspaper, radio and television. However, for present scenario, technological advancement can be more useful for the branding of the products. PXG can divide their promoting strategy; for an example, they can target the youth by advertising their products in social platforms, while they can also arrange campaigns and classic newspaper ads to grab the attention of the aged person. Apart from all these, hoardings, email marketing and online marketing are few common approaches used by the companies for the promotion of their products. Conclusion: Hence, from the above discussion it can be concluded that this report is valid for the understanding of the marketing criteria of the PXG. PXG has landed their business in 2014, thus, it is required to adopt appropriate strategies for the proper branding of their products. This company has many rival companies in this sector; however, adequate segmentation and distribution of their products can help in suppressing the brand value of the products of other companies. Background research of PXG has been done to get an overall review of this company and it has helped in the provision of the apt suggestion for the company. Moreover, SWOT analysis is effective to enhance the level of the understanding for PXG, so that the company can take any further approaches by revising their strength and weak points along with analyzing the potential threats and opportunities for their organization. Moreover, here objectives of the company have been described with the help of providing an insight on the PESTLE tool; it has helped to get a clear idea about the reliability of the company and its products from the different dimensional point of view. Another important aspect of this report is the inclusion of the marketing mix strategies for PXG that in turn involves the 4Ps theory and gives an account of production of their goods, pricing of the products to satisfy the target audience, placing the products to draw more audience and finally the promotion of the products to reach the maximum people. This report covers all the criteria, required to accomplish the marketing strategy for an organization. Hence, this research is contemporary to the present business scenario of the PXG and can be reviewed while conducting any further research on this regard. Reference list: Armstrong, G., Adam, S., Denize, S. and Kotler, P., 2014.Principles of marketing. Pearson Australia. Barrett, H. and Weinstein, A., 2015. Corporate entrepreneurship, the marketing mix, and business performance. InProceedings of the 1997 Academy of Marketing Science (AMS) Annual Conference(pp. 144-150). Springer International Publishing. Chung, K.Y., Derdenger, T.P. and Srinivasan, K., 2013. Economic value of celebrity endorsements: Tiger Woods' impact on sales of Nike golf balls.Marketing Science,32(2), pp.271-293. Funk, D.C., Alexandris, K. and McDonald, H., 2016.Sport Consumer Behaviour: Marketing Strategies. Routledge. Hinterhuber, A. and Liozu, S.M., 2014. Is innovation in pricing your next source of competitive advantage?.Business Horizons,57(3), pp.413-423. Hoye, R., Smith, A.C., Nicholson, M. and Stewart, B., 2015.Sport management: principles and applications. Routledge. Huang, R. and Sarigll, E., 2014. How brand awareness relates to market outcome, brand equity, and the marketing mix. InFashion Branding and Consumer Behaviors(pp. 113-132). Springer New York. Khan, M.T., 2014. The concept of'marketing mix'and its elements (a conceptual review paper).International Journal of Information, Business and Management,6(2), p.95. Kotler, P., Burton, S., Deans, K., Brown, L. and Armstrong, G., 2015. Marketing. Pearson Higher Education AU. Kunkel, T., Doyle, J.P. and Funk, D.C., 2014. Exploring sport brand development strategies to strengthen consumer involvement with the productThe case of the Australian A-League.Sport Management Review,17(4), pp.470-483. Limehouse, F.F., Maloney, M.T. and Rotthoff, K.W., 2012. Peak-load versus discriminatory pricing: Evidence from the golf industry.Review of Industrial Organization,40(3), pp.151-165. Millington, B. and Wilson, B., 2013. Super intentions: Golf course management and the evolution of environmental responsibility.The sociological quarterly,54(3), pp.450-475. Morse, A., 2015. Industry insider: Sean Pyun.Sport Marketing Quarterly,24(4), pp.203-207. Mullin, B.J., Hardy, S. and Sutton, W., 2014.Sport Marketing 4th Edition. Human Kinetics. PGATour. 2016. An up-close look at Parsons Xtreme Golf's 0311 irons and wedges. [online] Available at: https://www.pgatour.com/equipmentreport/2015/08/05/golf-equipment-parsons-xtreme-golf-0311-irons-wedges-design.html Prahalad, C.K. and Ramaswamy, V., 2013.The future of competition: Co-creating unique value with customers. Harvard Business Press. Pxg.com. 2016. Parsons Xtreme Golf - PXG - Golf Club Innovation Unboxed. [online] Available at: https://www.pxg.com/en-us/about. Selnes, F., 2013. An examination of the effect of product performance on brand reputation, satisfaction and loyalty.Journal of Product Brand Management. Shank, M.D. and Lyberger, M.R., 2014.Sports marketing: A strategic perspective. Routledge. Slack, N., 2015.Operations strategy. John Wiley Sons, Ltd. Sotiriadou, P., 2013. Sport development planning: The sunny golf club.Sport Management Review,16(4), pp.514-523. Wilson, A., Zeithaml, V.A., Bitner, M.J. and Gremler, D.D., 2012.Services marketing: Integrating customer focus across the firm. McGraw Hill.