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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creativity. To take someone’s product and adapt it to increase your profit is not only unfair‚ but unethical. Just as they have a Code of Ethics for their‚ employees‚ prevent fraud or theft‚ the same should apply to them as well. Intellectual property is defined as any product of the human intellect that law protects from unauthorized use by others‚ according to Cornell University Law School. Under Intellectual Law‚ we have patents‚ trademarks‚ copyrights‚ and trade secrets. This law provides
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Indemnity – s 12 1979 Act Mr S transferred some flats to Mr Chung at undervalue. Owners who are unable to pay their creditors – unjust for them to do so. Soon after the transfer Mr S was sequestrated. Trustee set about trying to recover the properties. By then there was a further transfer from Mr C to Mrs C for no value. The disposition by Mr S was voidable and since Mrs C was not a purchaser in good faith the disposition to her was voidable too. The titles were in the Land register
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Rights to Property According to John Locke In chapter V of The Second Treatise of Government by John Locke‚ he begins by explaining that God has given earth to all man in “common”. Meaning everyone equally owns all of the earth and its fruits. How can we humans‚ fairly distribute this land? What gives one man the right to a deer over every other person on earth? Labor‚ Locke states “The labor that was mine removing them out of that common state they were in‚ hath fixed my property in them”(13)
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Real property development is one of the emerging businesses in today’s world. Condominium property or multi storey buildings are an important feature of real property development (Siniti‚ 1990). The condominium property can be defined as a form of land ownership that combines private ownership of an individual unit in a multi-unit building with an undivided share of the common property in the building and a right to participate in the collective governance of the private and common property (Kowshala
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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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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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stages of North American culture where natives would trade with one another before the creation of currency‚ to a more modern level where society trades their labour to create a product or service in exchange for a wage. The discussion on private property is one covered by many different scholars throughout the years; this essay will focus primarily on the workings of John Locke and Karl Marx. Both being raised in a different time thus different upbringings has resulted in a difference in their train
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The Role of Private Property According to Karl Marx and John Locke “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). English philosopher‚ John Locke (1632-1704) believed that the only reason society degenerates to armed conflict and strife is because of a depletion of the essential ingredients of an individual or a community’s self-preservation
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