T8: property law Flashcards
Personal rights
Held against one or more person, survive insolvency and enforced against a particular person
property rights
held against a property object, survive with insolvency and enforced against the whole world
Ownership
bund of rights= transfer of ownership does not mena transfer of all rights
right to possess right to use and enjoy property object right to exclude others from useing right to transfer property object and recieve proceeds right to abandon or destroy
title
full entitlement of bundle rights (carry burden + beenfits of ownership)
> legal justification for particular ownership right
> evidence of an ownership right
Rule1 (1): with no conditional contract, property in the goods pass to buyer with contract being made
(2) : immaterial whether time of payment or delivery is postponed
Rule 2: if contract, goods delivered in a deliverable state
A) rights don’t pass onto buyer unless the thing is done
b) buyer has notice that it is completed
Nemo dat rule
No person can give a better tittle to goods that they have
e.ge seller never had property rights to sell
seller no longer had ny property rights to sell
Real property
Land: surface + fixtures (intended to be perma attached to land or building)
Estates in land = extent to rights which you can use and enjoy the land, freehold estates, freehold life estates and leasehold estates
interests in land = easements; right of way and mortages
Personal property
Choses in possessions = tangible, chattels, enforced by taking possession
Choses in action = intangible, receivable, patent, copyright and enforced by legal actions