Property law concepts Flashcards
What is the foundational concept of property law discussed in Cohen’s “Dialogue on Private Property” (1954)?
The right to exclude others from the property.
According to Thomas W. Merrill, what is a central tenet of property law?
The right to exclude is reaffirmed as a central tenet of property law.
What does the “bundle of sticks” metaphor in property law illustrate?
The complexity of property rights, showing that ownership can encompass various rights and responsibilities towards the property.
What is the focus of Progressive Property Theory?
It emphasizes the social obligations and community aspects of property ownership, challenging the traditional emphasis on the right to exclude.
How are property rights distinguished from personal rights in law?
Property rights are enforceable against third parties, whereas personal rights typically are not.
What case demonstrates the principle that property rights are enforceable against the world at large?
King v David Allen [1916] illustrates that property rights are enforceable against the world at large, unlike personal rights.
What distinguishes property rights from personal rights in terms of transmissibility?
Property rights can be transferred or inherited, unlike personal rights that usually end with the individual.
What are the two main types of tangible property?
Movable objects (chattels/personal property) and immovable objects (land/real property).
What is intangible property?
Rights that do not have a physical presence, such as intellectual property.
How does the Law of Property Act 1925, s.205(1)(ix), define ‘land’?
‘Land’ includes any tenure buildings or parts of buildings, illustrating legal distinctions between land and personal property.(whether horizontal, vertical or made in any other way).
What legal principle is illustrated by Elitestone v Morris [1997]?
The transition between chattels becoming part of the land (fixtures) and vice versa (severance), guided by tests for degree of annexation and object of annexation.
What does Tower Hamlets LBC v Bromley LBC [2015] explore?
The criteria for determining whether an object is a fixture or a chattel. (If the item viewed objectively, is, intended to be permanent and to afford a lasting improvement to the building, the thing will have become a fixture. If the attachment is temporary and is no more than is necessary for the item to be used and enjoyed, then it will remain a chattel.)
What principle is addressed in Hannah v Peel [1945] and Parker v British Airways Board [1982]?
The principles governing finders’ rights and the relativity of title based on physical control and intention.
What does Waverley BC v Fletcher [1996] explore?
The rights of finders in relation to items found in or on the land, emphasizing the context of discovery and the position of the finder.
What themes are explored in the recommended readings on property law? (Which authors can you refer to?)
Theoretical underpinnings of property law, critiques of the right to exclude, and the internal governance of property institutions.
(Tony Honoré, MacPherson, Peter Birks, and Chris Bevan, especially on the law of fixtures.)
