LA1104 week 8


Megan Mackie
Flashcards by Megan Mackie, updated more than 1 year ago
Megan Mackie
Created by Megan Mackie over 7 years ago

Resource summary

Question Answer
what is property? any type of right interest or thing which is legally capable of ownershiip this definition is culturally dependent
essential charateristics of property 1. enforcibility (if you have property rights you have to enforce) 2. there has to be the existence of some thing or object
what rights exist with property? 1. right to possess 2. right of exclusion 3. rights to use and enjoy 4. right of alienation (sell) 5. right to secuirty 6.right to income 7. right to capital
duties and liabilities attached to property rights 1. duty to prevent harm 2. liabilities to debts
human body as property -there is no property in the human body property if : it is subjected to a skillful process that has acquired some attributes differentiating it from a mere body awaiting burial.
exceptions to humans property prohibtions 1. Indubious- puchased chil fetus--> purpose of burial (doodeward) 2 headed child 2. excerising skill an judgement- (moore v regans) Moore had rare abnormality and was in operation. doctors stopped operating and extracted boily material to manufacture new drug. were exercising judgement and skill
meaning of "land" solid portion of the earth surface person who owns the land owns up to the sky and to the centre of the earth below
physical limits to "land" (cases) air space rights - (bernstein vs skyviews ) hot air balloons taking pictures of house werent inpindging on land rights because the land only extended as far up as neccesary for ordinary use and enjoyment. graham v morris- overhanging crane is unsightly and causes nervousness How far down- ordinary use and enjoyment Mineral resources act S8- gold on land is the crowns
boundaries to land fences- dividing fences act s 18 old grants modern grants
riperian rights s19 water act definition and who owns it
owners rights to use land stock and domestic purposes access to bed & bank adjacent to land grazing stock access to adjacent bed and bank
acceditation boundaries increase because of erosion can claim more land if it happened by natural erosion
things growing on land fuctus industrials- belongs to owner fructus naturales- occurs naturall belongs to land
historical classification of property real property- land vested in crown, duties payable to crown
Haynes case gravediggers stealing bodies. couldn't be stealing bodies because the body isn't property. but they were convicted of stealing the clothes
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