I. Introduction to Property Law (1-12) Restatement View of Property 1. The legal relations between persons with respect to a thing. a. Thing may be an object with a physical existence or an intangible object. 2. Bundle of Sticks – each stick represents a right a. Posses‚ use‚ manage‚ consume‚ destroy‚ modify‚ alienate‚ etc Classical Perspectives 1. Occupation - one of the natural modes of acquisition a. Taking possession of property of no man with the intention of keeping it (sometimes
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PROPERTY LAW 2013 Contents 1. Rights Above and Below Land……………………………………………………. 3 2. Fixtures and Related Matters……………………………………………………… 7 3. Co – Ownership……………………………………………………………………. 12 4. Easements………………………………………………………………………….. 26 5. Covenants………………………………………………………………………….. 35 6. Adverse Possession………………………………………………………………... 46 7. Native Title Legislation and Indigenous Land Rights Legislation………………... 60 1. Rights Above and Below Land Cuius est solum eius usque ad coelom
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Volunteers 12 Bogdanovic v Koteff (1988) 12 Rasmussen v Rasmussen [1995] 13 Exceptions to Indefeasibility 14 Fraud Exception: 15 Loke Yew v Port Swettenham Rubber Co Ltd [1913] 15 Assets Co Ltd v Mere Roihi [1905] 16 Schultz v Corwill Properties (1969) 16 Russo v Bendigo Bank Ltd (1993) 17 The In Personam Exception 18 Bahr v Nicolay (No 2) (1988) 18 Mercantile Mutual Life Insurance Co Ltd v Gosper (1991) 20 Vassos v State Bank of South Australia (1993) 20 Special equity cases:
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search General Register does not fix any defect Under Torrens Title indefeasibility of title started with Robert Torrens in SA NSW started 1963 Since then all grants under Torrens Title At conveyance of old property transferred to Torrens US and UK did not adopt Torrens Title Real Property Act 1900 (NSW) Though some provisions of Conveyancing Act still apply Elements of Torrens Title Torrens register Registrar General Is public Available to public for searching Doesn’t have to be
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Summary: In our case scenario Bart and Alan bot reside in Boring‚ Oregon. Alan is the finder of Bart’s lost item before Bart offers a reward. In Contract law a reward offer is binding. In Property law a person has a responsibility to return lost personal property to its rightful owner. Issue: Is Alan entitled to collect a reward before he returns Bart’s object? Rule: MacFarlane v. Bloch‚ 59 Ore. 1 (Or. 1911) In the above mentioned case‚ one party found a pocketbook with a value
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MOSK GIVES US MOORE OF AN IDEA ABOUT PROPERTY Contents MOSK GIVES US MOORE OF AN IDEA ABOUT PROPERTY 2 INTRODUCTION 3 PROPERTY DEFINITION 4 ADAPTABILITY 5 LEGISLATIVE GUIDANCE 6 ETHICS AND EQUITY 7 WEAKNESSES OR STRENGTHS? 10 POST ‘MOORE’TEM 13 CONCLUSION 14 INTRODUCTION The question of property rights in human tissue has traditionally been relevant in matters concerning dead bodies. However‚ with the rise of Biotechnology human tissue storage is increasing rapidly
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registered interests * Frazer v Walker – ‘indefeasibility of title is convenient description for the immunity from attack by adverse claim to the land or interest in respect of which he is registered‚ which a registered proprietor enjoys’ Real Property Act 1900 Indefeasibility | Statute | s 42 (1) – Key indefeasibility provisionThe registered proprietor’s title is not to be postponed against anyone (they are paramount from unregistered interests) * Paramount from unregistered interests
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Doctrine of fixtures in property law The doctrine of fixtures is applied to determine if an object is a fixture.1 This common law provides that what is annexed to the land becomes part of the land‚ “quicquid plantatur solo‚ solo credit”‚ and adopts the character of real property.2 For this to transpire all circumstances surrounding the annexation to the land are examined‚ including but not limited to the degree of annexation and the purpose of annexation.3 Through this both objective and subjective
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GIFTS IN PROPERTY LAW ------------------------------------------------- Anweshaa Majumdar BA LLB 2ND YEAR 20110089 JGLS ------------------------------------------------- CONTENTS * Definition of a Gift * Essential elements of a Gift * Mode of
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13/01/28 Indian Online Real Estate Market — Property Portal Watch Indian Online Real Estate Market by Property Portal Watch on 7 July‚ 2011 in Features [1]‚ Overviews [2] Getting a clear picture of the Indian online real estate market is not straightforward‚ as as least four of the country’s property portals claim market leadership. If one conclusion can be drawn about India‚ which had a population of 1.21 billion in early 2011‚ it is that this is a particularly competitive market with
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