LLAW2214 – Property, Equity and Trusts Exam Notes Introduction – The concept of justifications for property Week 1 -
Classification of property eg real, personal, chose in action, chose in possession etc Yanner v Eaton The ALRC Interim Report on Traditional Rights and Freedoms – Encroachments by Commonwealth Laws (ALRC Interim Report 127) - Especially chapters 7 and 8 - Property concept map on flo Property Definition
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A thing or things belonging to someone; possessions collectively A building or buildings and the land belonging to it or them Shares or investments in property Law: the right to the possession, use, or disposal of something; ownership: rights of property Yanner v Eaton ‘… “property” does not refer to a thing; it is a description of a legal relationship. It refers to a degree of power that is recognised in law as power permissibly exercised over a thing. The concept of property may be elusive. Usually it is treated as a ‘bundle of rights’.
Types of Property - Modern classification (in Australia) - Real property - Personal property - Intellectual property - Native title Interests in Real Property (Land) - The Crown - The co-owner - An easement - A restrictive covenant - A beneficiary (trust) - The mortgage - A tenant
Rights in Rem Real Property Corporeal Hereditament
Incorporeal Hereditament
Personal Property Chattels Real
Chattels Personal Chose in Possession Chose in Action