original acquisition Flashcards
Original acquisition
acquisition WITHOUT reference to the previous ownership of another person. new property/ existing unowned/ EXISTING AND OWNED
occupancy what is def
acquisition of ownerless thing by seizing pos
things that have no owner= res nullis
you can acquire ownership of a res nullis by taking possession.
possession is a physical control of a thing and having the appropriate intention to own and possess it.
what is occupancy limited by
paucity of ownership
feudal system
rule that abandoned property belongs to the crown
case examples of occupancy
LA v university of abz defines when property is
lost property is misplaced.. owners title extinguishes after 20years. alrg no of ancient artifacts discovered uni wanted to claim them as abandoned. as they had lain under gound for some time they blonged to crown either way.
long stop of negative prescription s.8
valentine v kennady- a wild animal is ownerless as long as it was roaming freely. once a wild animal it must be a truly wild animal. Has it been captured.? ownership of it is taken through occupation and continued control.
criminal offence to sort over dusbins s.60 environmental protection
Mckenzie v McKlean- abandoned property def. abandoned property is property that a person consciously decided to give up and thus is property of the crown. the hotelier consciously decided to throw out beer cans.thus property= crown. if the crown refused to reg an interest within time then with the ratio of Scottish coal co ltd they would acquire ownership through presciption
accession
occurs whenever two pieces of copereal property become joined together in such away that one |( the accessory) is considered to have been subsumbed by thee principal)
three elements
physical union
functional subordination
AND permancy
Shetland islands council v BP petroleum development
publicity principle doctrine is mechanical and objective
three effects
accessory becomes par of the principal
conversion
extinction of existing title to the accessory
for effect 1. the potential importance of contract
for effect 2. the rule of contructive features
christies v smith ex
physical union. the gereater physical attachment the more likely the article is is to be a fixture. articles irrevocably attached are always fixtures artixcles resting on their own weight can be fixtures
sometimes a things things functional sub will be really obvious heating system doorbeel. where it is purely decretive it may not have the requistite fuctional sub.
chochrane v stephenson
functiponal subordination a painting or tapestry is a thing that has value in its own right and does not meet the fuctional sub rules.
brand trs v brand trs
PERMANCY only quasi permancy required
distinguish actual intention of particular anexers of a particular class
tenants and other occupiers on a ltd title have a right of severance in respect of trade fixtures
the identity of the parties principal and accessory is NOT relevant to whether the accession has occurred or not
s.18 agrigultural holdings act 1991
tenants and other occupiers on a ltd title have a right of severance in respect of agricultural fixtures
tenants and other occupiers on a ltd title have a right of severance in respect of
domestic and ornamentaol fixtures
khan v minister of law and order
MOAVABLES WHEN HAS ACCESSION TAKEN PLACE. where there can be no separation
principal is the constituent object which gives its name to the finished product.
land to land: alluviun
exclusions: temporary additions and sudden additions
fruits
the final form of accession is know as accession by fruits and it is concerned with natural produce whereby a thing of nature grows and accedes to that form whence it came.
3 CASES
trees plants and crops om taking root aand drawing
nourishment
young animals in utero accede to the mother upon birth are svered.
natural products of the animal/ plant kingdom
exception industrial growning of crops+ BOSKSBELLE LTD V LAIRD a company had purchased land sought to recover wheat and barely that had been gorwing on the land on the basos that the crops has acceded to the land and thus they could claim HELD NO long line of case law argues that crops stay with the person who sowed them
PLANTS ON BOUNDARY
HETHERINGTON V GALT
accession terminates with severance but no change in ownership
compensation
shilladay v smith
depends on who performed intriucted the act of accession
if by owner of principal= yes
if by owner of accessory then no
