'Property': private, exclusion, and 'right to benefit' from use and sale

Ownership not about the relationship between people and things but about the relationship between people (owners and non-owners) a relationship mediated by things.

Exclusion and inclusion

Property owner: has the right to exclude all others from his/her property. But the reality is much more complicated. eg people who want to wander across your land to get to their car etc.

The powerful land lawyers decide who is included, what is included etc.

Property in land is distinct...
Chattels: (movables)

contract is sufficient
compensation is sufficient (if i do you wrong I'll have to pay compensation)
No formalities
QBD

Land

Contractual relationship is not sufficient (in land third parties can be found in agreements between other people)
Compensation is not sufficient (possession and possession of the land may be important)
Formalities required (evidence, certainty third parties)
Chancery

Definition of Land
What is land?

"Land of any tenure , and mines and minerals, whether or not help apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical, or made in any other way) etc."

from the 1925 Act

This definition should be sufficient for this course.

'Dimensions' of land:

Spatial/temporal
Material/immaterial (corporeal)
AND:
Collection of right:

Politics and property 3: death of a homeless man
..

	Creado por Maryam Z hace más de 8 años

Introduction to Foundations of property