3947876
Description
Flashcards by Megan Mackie, updated more than 1 year ago
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Created by Megan Mackie
over 8 years ago
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| 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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