becoming owner

Question 1

derivative acquisition

Answer 1

acquisition from original owner

Question 2

original acquisition

Answer 2

acquisition without reference to original owner
\+ve prescript
occupancy
accession
specification

Question 3

voluntary transfer

Answer 3

1.requires mutual intention
some public act(s) (Publicity principle)
2. specificity principle the property must be sufficienty id
3.most transfers are preceded by contract. must distinguish from conveyance. FORMER= PERSONAL RIGHT. LATTER = REAL RIGHT. SHOW intention occurs TWICE for VALID CONVEYANCE
4.no inbetween right until owner. only personal right. nova scotia
5. effect of conveyance = instantaneous
6. must be with authority of owner NEMO PLUS rule- cannot transfer a greater right than they themselves have
7.legal capcity
8.valid unencumbered title- title free from sub real rihgts. disappointed transferees have rights in WARRINDICE

Question 4

nova scotia ltd v henderson

Answer 4

voluntary transfer the dispone did not reg their title. enjoys no real right in the subjects. scots law does not recognise a right that lies between a real right and a personal right

Question 5

creation of sub real right

Answer 5

long lease 20 years required mutual intention to be shown plus public act on tenan entering into possession of the subjects