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94 Pages • Complete Study Notes • Year: Pre-2018 • Previously uploaded under: LAW316 - Property Law
Three dimensions to the concept of property 1. Analytical: what is meant by the term property 2. Philosophical: varied justifications for a particular regime of property rights 3. Doctrinal: the legal rules classifying, defining and delimiting property rights, marking out boundaries between property rights and other rights. Blackstones definition provides identification of 3 basic elements in any property rights 1. dominion : property directs attention to dominion or control exercised by a person over an object, denotes some form of legally authorised power. This bundle of rights is necessarily concentrated in one specific persons. 2. exclusion: right of the dominions is the right to exclude others from enjoying the same rights or interfering with the property holders rights. 3. external things : this may be physical or chattel(car/painting) the term also extends to land, airspace and intangibles as shares(ownership of rights in corporation), patents(right to develop an invention exclusively), and copyright (right to reproduce and original work). Right to transfer or alienate. Set of rules which must be present for ownership to arise: If A owns P we imply that 1. A has right to use P 2. others may use P if and only if A consents 3. A may permanently transfer the rights under 1 and 2 to other, specific persons consent Does not include content on: leases, easements and freehold covenants.
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