Becoming Owner Flashcards
How do you become owner of property?
Through derivative acquisition
through original acquisition
What is derivative acquisition ?
acquiring from an existing owner, transferring ownership
What is original acquisition?
acquiring without reference to and existing owner
What are some examples of original acquisition?
Positive prescription (you possess something long enough you become the owner)
Occupancy (something previously unowned, e.g wild animal, you catch it
Accession (you take someone’s bricks, and build a house with it. You become owner of the bricks and they are cemented down and become part of the land)
Specification (making grapes out of wine, making a boat out of wood)
What is necessary for a voluntary transfer
There must be
1)mutual intention (intention induced by force, fraud etc is still valid)
2) a public act
What is the specificity principle?
You must identify the property in question – you must be specific
Can transfer of property be involuntary?
Can occasionally have involuntary transfer (public bodies) – if building new road, government may buy your land whether you gave them permission or not
What really transfers ownership?
It’s a principal that a mere transfer does not transfer ownership – what transfers ownership is the conveyance
A and B enter into a contract, doesn’t give ownership – there has to be conveyance – delivery
Explain scots law being unititular
one ownership at a time.
Even in the midst of transfer, A is owner until B becomes owner. B has nothing until they become owner, never semi-owner, both cannot be owner at the same time
What is the cardinal principle?
If A is transferring ownership to B, they must be the owner or be acting with authority i.e an agent.
What is the nemo plus rule?
You cannot transfer anything you do not have
What is the the nemo plus oben rule?
You cannot give a better right than what you yourself have
What is the publicity principle?
For a voluntary transfer there must be a public act
