Property Law

Kane Paul
Mind Map by Kane Paul, updated more than 1 year ago
Kane Paul
Created by Kane Paul over 6 years ago


Degree Law Study (Property Law) Mind Map on Property Law, created by Kane Paul on 10/14/2013.

Resource summary

Property Law
1 Definition
1.1 Establishes the concept of ownership and possession, and the rights and obligations that arise out of them
2 Real Property
2.1 This kind of property is characterised by its immovability and is also known as realty
2.1.1 Land, Interests in Land
3 Personal Property
3.1 Consists of all other kinds of property that are not real property
3.1.1 Choses in possession/action, Chattels Real
4 Ownership
4.1 Title to property or property in an object
4.2 Gives the holder the right to:
4.2.1 Transfer ownership
4.2.2 Use as security for a loan
4.2.3 Keep possession and use the item
4.2.4 Give possession of it to another
4.2.5 Grant special contractual rights over it
4.3 Possession
4.3.1 Bailment
4.3.2 Lease or hire agreements
4.3.3 Hire purchase agreements
5 Nemo dat rule
5.1 The transfer of title to goods by gift or sale is subject to the 'nemo dat quod non habet', which is latin for 'no-one can pass on a better right to ownership than he/she has
6 Ownership of land
6.1 Doctrine of eminent domain
6.2 Freehold estates
6.3 Life estates
7 Multiple owners
7.1 Joint tenants
7.2 Tenants in common
8 Land Transfer system
8.1 The Deeds system
8.2 Torrens system
8.2.1 NZ land divided into districts
8.2.2 Records kept by Land Information NZ (LINZ
8.2.3 Certificate of title
8.2.4 Registration confers a legal interest
8.2.5 Mirror principle
8.2.6 Curtain Principle
8.2.7 Insurance principle
8.3 Registration
8.3.1 confers a legal interest in land
8.3.2 gives notice to the whole world of the interest
8.3.3 without fraud confers an indefeasible title Means supremacy of title - ownership of land or interests of land is protected from claims by other persons
8.3.4 those with unregistered interests in land hold an equitable interest
9 Transfer of land: Land may be transferred by
9.1 Sale
9.1.1 Ownership transferred from seller to buyer Common steps in process Negotiation Agreement for sale and purchase Title search Insurance check Local authority inquiries
9.2 Gift
9.2.1 a gift is the transfer if property from on person to another graciously, with the intention that the property should not return to the donor,
9.2.2 Oral promise is not enforceable, written needs to be in form of a deed
9.3 Will
9.3.1 may be passed on provided will is valid
9.3.2 any person over 18 and has testamentary capacity can make a will
9.3.3 will must be in writing, signed by teastor which must be witnessed
9.4 Trust
9.4.1 Trust is an equitable invention
9.4.2 person holds and administers property for other people person who holds is trustee, person who receives is beneficiaries
9.5 Operation of Law
9.5.1 transfers happen automatically within circumstances, e.g. when a person dies, ownership is automatically transferred to the executor by a transmission
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