Key Issues in Property Law Flashcards
(14 cards)
what is the ‘Blackstonian’ view of property
‘the sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe’
what are Blackstone’s leading characteristics
- private, exclusive and alienable
- as a right to material things
the justification of such property in terms of labour (John Locke)
what is John Locke’s theory of property
‘whatsoever then he removes out of the state that nature has provided, and left it in, he has mixed his labour with, and joined to it something that is his own, and thereby makes it his property’
what is Bentham’s theory
‘property and law are born and must die together, Before the laws there was no property: take away the laws, all property ceases’
what is a possessory title
a claim to the right to a possession of a thing
relativity of title
the ‘first in time’ possessor has a better title than anyone else except the true owner
what is the possessory title case
Armory v Delamirie (1722) 1 Stra 505 (KB
what is the doctrine of adverse possession
a trespasser who occupies land over time, excluding the true owner, can gain title to the land if she can demonstrate:
1. a sufficient degree of physical custody and control
2. an intention to exercise such custody and control on one’s own behalf and for one’s own benefit
what is the case for the doctrine of adverse possession
J A Pye (Oxford) Ltd v Graham [2002] UKHL 30
what is the first restriction on adverse possession
Schedule 6 Land Registration Act 2002- there is a state guarantee of registered title and notice is given to the owner.
what is the second restriction for adverse possession
s. 144 Legal Aid, Sentencing and Punishment of Offenders Act 2012- squatting in a residential building is a criminal offence if a person enters as a trespasser and intend to live in the building for any period
what is the case for restrictions on adverse possession
R (Best) v Chief Land Registrar [2015] EWCA Civ 17
what is the case for the recognition of Australian indigenous rights
Mabo v Queensland (No 2) (1992) 175 CLR 1
what is the act for the Australian indigenous titles
Australian Native Title Act 1993
