propertyLaw财产法.pptx

Legal Environment of Business Threshold Legal Concepts:PROPERTY 2 Property relevant legislation Examples of NSW statutes regulating property+long titles SALE OF GOODS ACT 1923 -An Act to codify and amend the law relating to the Sale of Goods.CONVEYANCING ACT 1919 -An Act to amend and consolidate the law of property and to simplify and improve the practice of conveyancing;and for such purposes to amend certain Acts relating thereto.REAL PROPERTY ACT 1900 -An Act to consolidate the Acts relating to the declaration of titles to land and the facilitation of its transfer.3 Property relevant legislation Examples of NSW statutes regulating property+long titles WILLS,PROBATE AND ADMINISTRATION ACT 1898 -An Act to consolidate enactments relating to Will,Probate and Administration FAMILY PROVISION ACT 1982 -An Act to amend the law relating to the assurance to the family of a deceased person and certain other persons of adequate provision from the estate of the deceased person and certain other property TRUSTEE ACT 1898 -An Act for consolidating Enactments relating to Trusts and Trustees.4 Property relevant legislation Examples of NSW statutes regulating property+long titles RESIDENTIAL TENANCIES ACT 1987 -An Act relating to the rights and obligations of landlords and tenants under residential tenancy agreements;to make provision with respect to excessive rent increases and rents;to confer functions on the Consumer,Trader and Tenancy Tribunal of New South Wales with respect to landlords and tenants;to amend the Consumer Claims Tribunals Act 1974 in relation to rental bonds claims;and for other purposes.Property rights 6 Property concepts and definitions property can refer to -rights of ownership OR-objects of ownership property can be -real property/realty OR-personal property 7 Property concepts and definitions Real property action in rem or a real action immovable land,fixtures Personal Property action in personam or a personal action movables goods/chattels etc tangibles/intangibles Real property 9 Real Property real property=land+fixtures what is land?Latin maxim:cuis est solum eius est usque ad coelum et ad inferos is land the surface and everything under it to the centre of the earth and everything above it to the heavens?Physical limits of land 10 Physical limits of land the substratum Landowner does not own royal minerals(gold and silver)and Crown land grants usually reserve rights in minerals,petroleum etc under the surface to the Crown.Physical limits of land 11 Physical limits of land the airspace above the surface Problems with overhanging branches,signs and cranes,aerial photography etc How far does the landowners interest in land extend?Real property:physical limits of land 12 Bernstein of Leigh(Baron)v Skyviews&General Ltd 1978 1 QB 479 Student case presentation Topic 4 Strata title 13 Strata title legislation creates title in blocks of airspace above the surface of the land,making it possible to create separate ownership of units in a multi-storey building.The legislation also creates a body corporate(consisting of the various owners)to own and control common property.14 Real Property real property=land+fixtures what is a fixture?Latin maxim:quicquid plantatur solo,solo cedit does everything that is fixed to the land become part of the land,e.g.buildings and things fixed to buildings?when is it important to know whether or not it is a fixture?Fixtures 15 Is it a fixture?depends on the intention of the person who affixed the item of personal property to the land:Australian Provincial Assurance Co Ltd v Coroneo(1938)38 SR(NSW)700 In determining intention,consider:-degree of annexation-purpose of annexation-ease of removal-damage caused by removal.Real property:fixture?16 National Australia Bank Limited v Blacker 2000 FCA 1458(16 October 2000)Student case presentation Topic 4 Personal Property Personal Property-definitions Personal property=any property that is not real property Includes:-chattels real -leasehold interest-chattels personal-choses in possession-choses in action 18 Personal Property-definitions What is personal property?-chose in possession=tangible item of personal property physical things eg books,furniture,cars,jewellery-ownership may be:-absolute i.e.a right to ownership superior to any other-possessory i.e.a right to ownership arising from mere possession and subject to being overridden by the absolute owner but otherwise good title.19 Personal Property 20 Ownership v Possession rights of the owner v rights of the person in possession “possession is nine-tenths of the law”rights to things found on anothers property-Armory v Delamirie(1722)93 ER 664-National Crime Authority v Flack(1998)86 FCR 16 Personal Property-bailment A bailment is where one person(the bailee)takes possession of the goods of another(the bailor)but does not assume ownership Examples include:-leaving your computer with a repairer-storing your goods in a warehouse-leaving your car in a car park-borrowing a book from t