Concepts of Property Flashcards
1
Q
What is the definition of Property?
A
- Legal relationship with a thing
2
Q
What is Property also known as?
A
- Property Rights
- Propietary interests
- Interest in property
3
Q
What does ‘right in rem’ and ‘in personam’ mean?
A
- Right to a thing
- rights to a person (torts)
4
Q
Difference between Torts and Property?
A
Property = injunction + against the world
Torts = damages + against a person
5
Q
What happened before Mabo?
A
- Crown acquired ownership of ALL land
6
Q
What happened after Mabo?
A
- High Court held that Crown did NOT have absolute ownership of all land BUT provided legal authority to grant estates or interests
7
Q
What are the 2 types of ways to Classify Property?
A
- Real property
- Personal property
8
Q
What is Real and Personal Property?
A
- Real = permanently attached things AND land e.g. land, buildings, minerals, water
- Personal = movable assets not attached to real estate e.g. vehicle, furniture, plants
9
Q
What is Real Property broken down into?
A
- Corporeal = tangible physical items e.g. land
- Incorporeal = intangible property rights e.g. easements (leaving and entering property)
10
Q
What is Personal Property broken down into?
A
- Chattel Real = leases
- Chattel Personal = tangible
11
Q
What is a fixture?
A
- If a chattel (a movable object) becomes affixed to land at a satisfactory degree –> reclassified as a part of real property
12
Q
How do we determine what is a fixture?
A
2 steps:
a) Degree of annexation = HOW is the item attached to the land / HOW attached is it?
b) Object of annexation = WHAT is the item and WHY was it attached?
13
Q
What are some assumptions for differentiating a Fixture/Chattel?
A
- If resting own weight = more of a chattel –> BOP falls upon those seeking to est. it is a fixture
- If item attached by some other means that is NOT its weight –> more of a fixture –> BOP rests on party that seeks to est. it as a chattel
