Preview

LAWS1150

Good Essays
Open Document
Open Document
1902 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
LAWS1150
Week 6(1) – PROPERTY LAW
Capitalist society – incentive to obtain assets and a system to protect these assets. Capitalist is more about individual rights, self-accumulation of wealth.
Communist country – more about ‘public’ rights – the state owns property and chooses some system of distribution.
Prevents exploitation of natural resources e.g. gold, trees, fishing areas e.g. around Australia.
TYPES OF PROPERTY
Physical and intangible property (copyrights, trademarks and patents).
Property RE spiritual beliefs – native title. Property RE chattel
Chattel v real property – chattel can be picked up and moved, proprietary = attached to the land.
Property RE family law.
ELEMENTS OF PROPERTY
Right to use and enjoy – but you have a duty not to harm others, as well as generate income.
Rights to exclude others – you’ve control and management over who comes in. Not only for owners but leaseholders have this right too. Also exclude others from using your intellectual property.
Right to alienate i.e. able to transfer the rights to other people – either through transfer of ownership, easements (giving up a right of way).
AM Honore - Right to possess, use, manage, generate income, as capital, security, transfer, is indefinite, duty to prevent harm to others, succession upon death, residuary rights.
“Relations between persons in relation to things”
E.g. Wills – who does what with which object.
Legal rights / legal relationships.
Corporation law (its own entity thus owns assets and liability) – furthermore shareholders also have ownership.
Blackstone – Property consists of
1) Must have dominion of it
2) Rights to exclude
3) Over a ‘thing’
Milirrpum v Nabalco – Blackburn
Right to use or enjoy, right to exclude and right to alienate – in this case, was not able to assert property rights because no rights to alienate.
Generally implied that these 3 properties exist for property rights to arise, however it may still exist in the absence of one

You May Also Find These Documents Helpful

  • Good Essays

    Basically, it is the right to be brought before a judge who will determine whether or not you are being…

    • 1056 Words
    • 5 Pages
    Good Essays
  • Good Essays

    As a dynamic concept, the scope and nature of property has evolved from simply referring to a particular resource, to the legal relationship held with the resource.[4] Through this relationship, the owner of property generally has a right to control, access, enjoy, alienate, exclude and/or profit from their legally endorsed property. These benefits of property ownership therefore make up the ‘bundle of rights’ which is known to be property. Nevertheless, Gray argues that what makes property ‘property’ is the notion of excludability:…

    • 835 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Property and Correct Answer

    • 4243 Words
    • 17 Pages

    | A deeded easement of right-of-way over the land of another is considered to be:…

    • 4243 Words
    • 17 Pages
    Powerful Essays
  • Good Essays

    Business Law

    • 5650 Words
    • 23 Pages

    A right is a legal capacity to require another person to perform or refrain from performing an act. Our rights flow from the U.S. Constitution, state constitutions, federal and state statutes, and ordinances at the local levels, including cities, counties, and boroughs. Within these sources of rights are also duties. A duty is an obligation of law…

    • 5650 Words
    • 23 Pages
    Good Essays
  • Powerful Essays

    The CNC Machinist: Quiz

    • 7255 Words
    • 53 Pages

    _____ is the right to be left alone when one wants to be, to have control over one's own personal possessions, and not to be observed without one's consent. Question options:…

    • 7255 Words
    • 53 Pages
    Powerful Essays
  • Good Essays

    Unalienable Rights

    • 374 Words
    • 2 Pages

    others. This is also known as the sub-definition of the meaning of life. It is the right to pursue any lawful business or…

    • 374 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Principles of Hsc

    • 592 Words
    • 3 Pages

    Rights – Things that everyone is entitled to receive. These are usually explained in legislation.…

    • 592 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    “Property, any object or right that can be owned. Ownership involves, first and foremost, possession; in simple societies to possess something is to own it” ( Funk & Wagnall 's.1994).…

    • 1271 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Capitalism is almost the complete opposite of communism. It is the economic system that doesn’t permit any government interference. Under capitalism, all businesses are owned and operated by private citizens. The profit made by the business goes to the owner, instead of the government like in communism. Capitalism was created under the philosophy of Adam Smith. It is based on his economic principles of free competition, profit motive, and supply and demand. The strengths of capitalism are that anyone can own a business and people are able to do anything they want. The weakness is that the government may not interfere in businesses enough. Almost a combination of the…

    • 651 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    A: I thought not. Your conception of property as a linear relationship between you and your claim speaks for itself. In order for property to exist, the right holder must exercise not only a relationship with respect to an object, but also rights against others. Hobhouse says:…

    • 1561 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Property Right

    • 1376 Words
    • 6 Pages

    In primitive societies the entitlements to use land were frequently possessory rights rather than ownership rights. Those on the land could use it as they wished, but they…

    • 1376 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    badm 300 exam2 review

    • 2254 Words
    • 10 Pages

    2. Adverse possession – you take some lands and use it long enough and becomes yours…

    • 2254 Words
    • 10 Pages
    Satisfactory Essays
  • Good Essays

    The right to own private property- to be able to buy and sell land, property and everything on it.…

    • 888 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Phil 235 Term Paper

    • 1320 Words
    • 4 Pages

    terms of a right being overridden, or in terms of a right which was non-existent in…

    • 1320 Words
    • 4 Pages
    Powerful Essays
  • Powerful Essays

    LIT 1 Task 310

    • 3134 Words
    • 10 Pages

    Control- Only the owner is able to control the business and make decisions. Partners are not permitted to own this type of entity.…

    • 3134 Words
    • 10 Pages
    Powerful Essays