Introduction to Land Law

Question 1

Honore’s listing of land rights

Answer 1

The Right to Possess ​

The Right to Use ​

The Right to Manage the property ​

The Right to Income derived from the property​

The Right to Capital (the power to alienate and the liberty destroy) ​

The Right to Security (immunity from dispossession) ​

The Right to Transmission ​(give to other people)

The Right to the Absence of term ​(full ownership with no logical end point)

The Liability to execution ​(rights can be taken away by law - e.g. bankruptcy)

The Incident of residuary (loss of property by abandonment)​

The property law of each country determines what these rights mean.

Question 2

Does Irish property recognise ownership of land?

Answer 2

Not the land itself, but rather interests in land. People can also have different rights and duties tied to land.

Question 3

What are three primary types of property classes?

Answer 3

1. Land (freehold interests)
2. Chattels (tangibles - a physical thing, NOT attached to land)
3. Intangible property (e.g. copyright - think of value as being extracted when someone goes to court)

Different property law regimes apply to each of the three classes.

Question 4

What are the two main characteristics of property rights?

Answer 4

1. It is a right against the whole community.
2. The nature of the right is determined by the law itself.

Question 5

Hill v Tupper

Answer 5

British case

A canal company leased out boat launch sites along the canal. Hill (pub owner) gets a lease from the Canal Co. promising him exclusive rights for boat launching along the canal. Tupper (other pub owner) starts taking folks out for pleasure cruises too. Hill takes Tupper to Court and loses, as UK property law does not recognise such property rights.

Example of contract terms being mistaken for property rights.

Question 6

British case

A canal company leased out boat launch sites along the canal. Plaintiff, a pub owner gets a lease from the Canal Co. promising him exclusive rights for boat launching along the canal. Defendant, another pub owner, starts taking folks out for pleasure cruises too. Plaintiff takes Defendant to Court and loses, as UK property law does not recognise such property rights.

Example of contract terms being mistaken for property rights; property laws can only be enforced if they exist

Answer 6

Hill v Tupper