1. Defining Property

Question 1

What are Blackstone’s 2 types of property?

Answer 1

Real Property & Personal Property

Question 2

Real Property is divided into Corporeal & Incorporeal hereditaments. What’s a hereditament & what’s the difference?

Answer 2

Hereditaments = interests which can pass through rules of succession
Corporeal = physical manifestation of control (eg possession)
Incorporeal = exist through actions not physicality (eg easements)

Question 3

Define Interest

Answer 3

Bundle of rights in object

Question 4

Define Real Property & how were they historically defined

Answer 4

Interests in Land

Historically only land recoverable through writs system

Question 5

Name 3 types of Personal Property

Answer 5

1. Chattels Real (leases, other non recoverable land interests)
2. Chose in Possession (moveable corporeal thing eg goods)
3. Chose in Action (moveable incorporeal thing eg shares)

Question 6

There is no universal definition of ownership, but it contains subsidiary rights. What are some of those?

Answer 6

1. Exclusive enjoyment
2. Right to destroy, alienate, alter
3. Right to maintain, resume, recover possession

Ownership can be limited by other rights but is not dependent on other rights

Question 7

What’s more important and why - ownership or possession

Answer 7

possession - historically ownership was difficult to prove (lack of documentation)
ownership more relevant now through deeds, torrens system

Question 8

Define Title and list 2 systems of title

Answer 8

Title is a measure of the strength of an interest

2 types are Old title system, now mostly replaced by Torrens system

Question 9

There is no universal definition of possession, but how can we describe it

Answer 9

relationship b/w person and object arising through factual situation. Possession is built around social construction

Question 10

Name 2 elements of possession

Answer 10

1. control (corpus possessonis) - exercise of power

2. intention (amimus possidendi) - mentality of denying rights of others to possess

Question 11

Name the 7 characteristics of property (PEEDDAD)

Answer 11

1. Possession
2. Exclusion
3. Enjoyment/Use
4. Definable/Identifiable
5. Durable
6. Asssignable/Transferable
7. Dominion (in rem)

Question 12

Name the 5 metaprinciples

Answer 12

1. Indigenous /Non-Indigenous land rights
2. ‘Real’ property rights in rem /rights in personam
3. Limited number of land rights
4. Interests (Private & Public)
5. Transfers (Consensual & non consensual)