LAWF 3050 Property: Case List and Main Takeaways

These flashcards cover key vocabulary terms and legal concepts from property law regarding cases, definitions, and principles discussed in the LAWF 3050 lecture.

King v David Allen & Sons

Case determining whether a licence granted for billposting was a property right enforceable against successors or merely a personal right.

In Personam vs. In Rem

Distinction where rights in personam are personal obligations, while rights in rem are property rights enforceable against the world.

Milirrpum v Nabalco Pty Ltd

Case involving Aboriginal claims to land, held not proprietary interests due to lack of essential property rights.

R v Bentham

Case ruling that unsevered body parts are not possessions under criminal law.

Classification of Pets

Legal treatment of pets as property without familial rights, resulting in property claim disputes.

Janicki v Hospital of St Raphael

Case exploring quasi-property rights of mothers regarding stillborn fetuses for lawful disposition.

Property in Human Tissue

Legal interpretation of sperm straws as property subject to division between separating couples.

Quasi-Property in Information

Recognition of quasi-property rights in news against competitors, enforceable in equity.

No Property in a Spectacle

Legal principle stating that one cannot prevent others from observing and describing events on their property.

Breach of Confidence

Action not simply rooted in contract; remedies must restore the harmed party's prior position.

Possession as Title

Possession gives rise to claims against third parties, even if the possessor is not the true owner.

Crown Ownership vs. Charter Rights

Government ownership rights limited by the Charter, demanding reasonable restrictions on freedoms.

Possession of Wild Animals

Legal possession requires sufficient physical control, with partial enclosure insufficient to claim rights.

Definition of Possession

Legal possession encompasses sufficient physical custody/control and an intention to possess.

Possession by Occupier

Occupiers intend to control all chattels on their premises, even if unknown.

Relativity of Title (Finder's Rule)

Finders possess superior rights to chattels over all except the rightful owner.

Finders Rule (In vs. On Land)

Landowners hold superior rights over chattels roots in the land, regardless of finder’s knowledge.

Possession, Even If Unlawful

Possession holds legal protection irrespective of whether it was obtained lawfully.

Radical Title and Tenure

Crown acquires ultimate ownership but is burdened by pre-existing Indigenous rights.

Airspace Rights / Trespass vs. Nuisance

Interferences from structures above land can constitute trespass if they affect land use.

Subsurface Rights / Trespass

Surface owners presumed to own subsurface up to a reasonable depth, protecting against trespass.

Lease vs. Licence

Distinction where leases confer possession while licences do not, related to control over premises.

Tenantlike Manner

Tenant's obligation to maintain premises reasonably without causing undue damage.

Quiet Enjoyment / Fundamental Breach

Landlord not in breach unless substantial interference deprives tenant of benefits.

Determinable vs. Defeasible Estates

Describes legal estates that terminate automatically under specified conditions versus those that need re-entry.

Condition Subsequent / Uncertainty

Legal condition that allows the termination of an estate but may be void if uncertain.

Aboriginal Title (Sui Generis)

Constitutionally protected rights arising before sovereignty with strict criteria for proof.

Trust vs. Agency

Beneficiaries typically not liable on contracts made by trustees unless specific conditions meet.

Trust vs. Debt (Intention)

Trust properties distinguished from debtor-creditor relationships based on clear intent.

Beneficiary Rights / Possession

Beneficiaries enforce the trust rather than hold immediate rights in trust property.

Severance by Unilateral Action

Withdrawal from joint accounts or property can sever joint tenancies if done with intent.

Homicide and Joint Tenancy

Public policy prevents criminal beneficiaries from profiting from their crimes involving shared property.

Mortgagee Duty (BC Standard)

Mortgagees must act in good faith without unfairness towards the mortgagor.

Mortgagee Duty (English Standard)

Mortgagees obliged to take reasonable care to obtain true market value when exercising sales.

Equity of Redemption / Supervisory Power

Equity courts supervise mortgagee actions to ensure fair redemption for mortgagors.

Easement by Necessity (Implied Reservation)

Requirement strict necessity based on common intention governs implied easements in property divisions.

Restrictive Covenants (Equity's Intervention)

Equitable enforcement of negative covenants against successors with notice benefits an identifiable tenement.

Negative vs. Positive Covenants

Covenants affecting property must be negative to enforce against successors; positive obligations do not run with the land.