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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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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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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printed pages of Understanding Property Law by John G. Sprankling where the topic is discussed.] LexisNexis Capsule Summary Property Law PART I: INTRODUCTION Chapter 1 WHAT IS PROPERTY? § 1.01 An “Unanswerable” Question? [1-2] The term property is extraordinarily difficult to define. The ordinary person defines property as things that are owned by people. However‚ the law defines property as rights among people that concern things. § 1.02 Property and Law [2-4] [A] Legal Positivism
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The Justification of Private Property Property Law JURI 25066EL Ryan Waschulzik 0271075 March 4th 2015 Words: 1772 Pages: 8 The notion of property is one that has long preceded us‚ or anyone we know. We know that the earliest social theory of property originated in the works of Saint Thomas Aquinas who had said that humans have a natural right to the use of or ownership of an unspecified amount of property. He also said that the amount of property to which you are entitled‚ is based
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Physical Dimensions. RIGHTS ABOVE SURFACE →The owner’s rights in airspace should be restricted to “any such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it”. If within this meaning their may be an action in trespass. – Berstein v Skyviews and General Ltd. S 2(1) of the Damage by Aircraft Act 1952 precludes action in trespass for overflying aircraft.→ An intrusion by a land based structure located on the defendant’s land constituted a trespass to the
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difficulties and really needs the money he could get from selling his share of the condo. Anna‚ who still wants to continue to use the condo‚ will not give her consent on selling and cannon afford to buy him out. Mark seeks an action to partition the property‚ stating that the clause that was placed in the divorce agreement is not enforceable because it is an invalid restraint on alienation. There are two issues to address here. The first one is whether or not the agreement Mark and Anna made is an
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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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Digests Intellectual Property Law Michael Vernon Guerrero Mendiola 2004 Shared under Creative Commons AttributionNonCommercial-ShareAlike 3.0 Philippines license. Some Rights Reserved. Table of Contents Asia Brewery vs. CA‚ GR 103543‚ 5 July 1993 …......... 1 Western Equipment vs. Reyes‚ GR 27897‚ 2 December 1927 …......... 1 Philips Export BV vs. CA‚ Gr 96161‚ 21 February 1992 …......... 2 Asari Yoko v. Kee Boc‚ GR L-14086‚ 20 January 1961 …......... 2 Sterling Products Vs. Farbenfabriken
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