Flashcards
LA1104 week 8
Cards in this deck (15)
- 1what is property?any type of right interest or thing which is legally capable of ownershiip
this definition is culturally dependent - 2essential charateristics of property1. enforcibility (if you have property rights you have to enforce)
2. there has to be the existence of some thing or object - 3what rights exist with property?1. right to possess
2. right of exclusion
3. rights to use and enjoy
4. right of alienation (sell)
5. right to secuirty
6.right to income
7. right to capital - 4duties and liabilities attached to property rights1. duty to prevent harm
2. liabilities to debts - 5human body as property-there is no property in the human body
property if : it is subjected to a skillful process that has acquired some attributes differentiating it from a mere body awaiting burial. - 6exceptions to humans property prohibtions1. Indubious- puchased chil fetus--> purpose of burial (doodeward) 2 headed child
2. excerising skill an judgement- (moore v regans) Moore had rare abnormality and was in operation. doctors stopped operating and extracted boily material to manufacture new drug. were exercising judgement and skill - 7meaning of "land"solid portion of the earth surface
person who owns the land owns up to the sky and to the centre of the earth below - 8physical limits to "land" (cases)air space rights - (bernstein vs skyviews )
hot air balloons taking pictures of house werent inpindging on land rights because the land only extended as far up as neccesary for ordinary use and enjoyment.
graham v morris- overhanging crane is unsightly and causes nervousness
How far down- ordinary use and enjoyment
Mineral resources act S8- gold on land is the crowns - 9boundaries to landfences- dividing fences act s 18
old grants
modern grants - 10riperian rightss19 water act
definition and who owns it - 11owners rights to use landstock and domestic purposes
access to bed & bank adjacent to land
grazing stock access to adjacent bed and bank - 12acceditationboundaries increase because of erosion
can claim more land if it happened by natural erosion - 13things growing on landfuctus industrials- belongs to owner
fructus naturales- occurs naturall belongs to land - 14historical classification of propertyreal property- land vested in crown, duties payable to crown
- 15Haynes casegravediggers stealing bodies. couldn't be stealing bodies because the body isn't property. but they were convicted of stealing the clothes