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LAWS2381 Property, Equity and Trusts

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 Property is not a thing but rather a relationship which one has with a thing o Ie. One has property in a thing NOT the thing is one’s property o There can be many owners but only one possessor (relativity of life)

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86 Pages Complete Study Notes 1-2 Years old
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Topics this document covers:
Law Property law Tort law Personal property law Common law Real property law Fixture Detinue Conversion Trespass Possession Tort
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Topics this document covers:
Law Property law Tort law Personal property law Common law Real property law Fixture Detinue Conversion Trespass Possession Tort
Sample Text:
One has property in a thing NOT the thing is one’s property o There can be many owners but only one possessor (relativity of life) ▪ Blackburn J in Milirrpum v Nabalco (1971) summed up the legal meaning of property as the “bundle of rights” o “I think property in its many forms generally implies the right to use or to enjoy, the right to exclude others and the right to alienate” o He does not say that the 3 must co‐exist – by NOTES that it is ‘generally’ the case, this implies that it is nonetheless possible for property to exist where one or the other features is missing Bundle of Rights 1. Right to use or enjoy a. In Yanner v Eaton (1999), concluded that the term ‘property’ does not necessarily mean full, exclusive or beneficial ownership – but to be treated as a bundle of rights ...
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