prop law Flashcards
(85 cards)
no man’s property
res nullus
types of property
corporeal and incorporeal
corporeal- movable immovable
incorporeal- right in propria, right in re aliena
modes of acquiring ownership
possession
prescription
agreement
inheritance
the two elements of possession
physical- corpus possessionis
mental- animus possidendi
modes of acquiring ownership
by taking
by delivery
by operation of law
immovable property definitions
sec 3 TPA
sec 2(6) the registration act
sec 3(26) general clauses act
attached to the each means
rooted to the earth
imbedded in the earth
attached to what is so imbedded
Marshall V Green
Sale of trees to be cut and taken away. Held: sale was not for Immovable Property, if the intention of the parties is that the trees should have further nutriment from the land, then it is Immovable Property otherwise not.
whatever is planted in the earth becomes part of the earth
quid planteur solo solo cedit
rules to check if it is a fixture
degree of annexation
purpose of annexation
mode of attachment and consequences of detachment
object of intention of attachment
by whom attached
if attachment is allowed to remain on the land of the owner and he derived a benefit from it, the tenant deserves compensation
thakoor chunder v ramdhone
fishery rights in the Chilka lake. The Court held that the Chilka lake is an “Immovable property”
Anand behera v state of orrisa
intention of the parties regarding the attachment of an item to the property is crucial in determining whether it is a fixture or not.
Leigh v. Taylor
piano case
the court established that even though an item may be attached to the property, if it can be easily removed without causing substantial damage to the property, it may not be considered a fixture.
Holland v. Hodgson
the court established the principle that whether an object is a fixture or not depends on the degree of annexation to the land, the purpose of annexation, and the object’s adaptation to the land.
Elwes v. Mawe
This case involved the removal of a wooden chimney, and the court held that an object’s method of attachment, purpose of annexation, and the object’s adaptation to the land are relevant factors in determining whether it is a fixture.
Jones v. Gooday
BENEFIT TO ARISE OUT OF LAND
profit a prendre
legal term that refers to a right, typically held by one person, to enter onto another person’s land and extract resources or profits from it
Examples of profits a prendre
Right to Take Timber: This might involve the right to enter someone’s land and cut down trees for wood.
Right to Graze Livestock: It could involve the right to allow animals to graze on another person’s land.
Right to Fish: This might involve the right to fish in a river or pond located on someone else’s property.
Right to Hunt : It could involve the right to hunt animals on another person’s land.
the issue that arose was whether the transfer of land entailed transfer of trees planted on the land. The court held that a perusal of Section 3 of the Act shows that all things attached to the earth are included in the land
Suresh Chand v Kundan
Two fold test to determine whether a property is embedded in the earth or not
Degree of annexation:
Object of annexation:
Things attached to what is so embedded tests
Permanent attachment
Beneficial enjoyment
law of fixtures principles
Method of Attachment
Intent of the Parties
Adaptability to the Property
definition of transfer of property, case and section
Transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, and one or more other living persons; and “to transfer property” is to perform such act.
Pandey Oraon v Ram Chander Sahu
section 5 of the TPA
what may (not) be transferred?
chance of succession (spes successionis)
right to re entry
easementary rights
service inams
religious office
right to future maintenance
mere right to sue
