Property Law

Review: what types of law fall under private law?

Property, contract, torts, family, company, insurance; governs the relationship between persons and/or corporations.

Review: what types of law fall under public law?

Constitutional, immigration, criminal, tax, administrative; governs relations between persons and states.

How does property fit into common law?

Law and customs can be in tension; property is one of those rights regulated by law and common wisdom (i.e. how do we decide who owns something?)

What does Hutchinson say about property law?

Is the most political and controversial due to having to decide what can be owned, who can own it, how it can be owned and what it means to own something.

How is property political?

Property rights are mostly controlled by the government (especially real estate) due to the matter of territory and land being a component of the state.

Define property in terms of justice

More about the rights than about the thing itself (corrective versus social justice).

What are the key principles within property law?

Property is anything that can be owned and over which ownership rights can be exercised; involves a bundle of rights including right to own, access, manage, profit from, etc.

What are the different types of property?

Real, intellectual, personal, and intangible property.

Define real property

Includes land, houses, buildings, farms, and space above and below in some capacity; interests vary through leasehold, freehold, mortgage, or co-ownership.

Define intellectual property

Intangible that could be tangibilized such as books, inventions, designs, and art.

Define personal property

Tangible property such as cars, phones, clothing, and cash; corporeal interests, usually absolute/lien/charges.

Define intangible property

Corporate securities (bonds, shares), a choice in action (right to sue for unpaid debt); incorporeal interest.

What are the facts of Post v Pierson?

Post and company were foxhunting for sport and chased a fox onto Pierson’s land; Pierson shot the fox and ran away with the carcass.

What is the legal dispute in Post v Pierson?

Whose property is the fox—chaser or the shooter or the state.

How did the first court (Justice Court in Queens county) rule in Post v Pierson?

Ruled in favour of Post due to the time and money invested into the pursuit of the fox.

How did the NY Supreme Court rule?

Ruled in favour of Pierson; pursuit alone vests no property or right in the huntsman unless the animal can actually be taken.

What was the determinant of property in Post v Pierson?

Possession determines ownership; as Pierson killed the fox, he therefore became its owner through his possession.

What did the dissenting judges say in Post v Pierson?

Pursuit itself was sufficient to give Post constructive possession of the fox; there is no need for actual physical possession.

What was the outcome of Popov v Havashi regarding catching a baseball?

Popov only monetarily caught the ball and did not have sufficient possession to establish control; Havashi found to have taken more secure possession of the ball and was its legal owner (both asked to split proceeds from the sale).

What occurred in Calder v BC?

Nisga’s Nation claimed Aboriginal title to traditional territory; Supreme Court dismissed appeal on a procedural issue but judges recognized that Aboriginal title exists in Canadian law (Indigenous land rights pre0date European settlement).

What does property law regulate?

Ownership, possession, use, transfer, and protection.

What is the simple definition of property law?

Property law is the body of law that governs the ownership, use, possession, transfer, and protection of property.

What are the facts of Harrison v Carswell?

Striking mall employee (Carswell) was asked to leave.

What was the legal dispute in Harrison v Carswell?

Whether malls are public or private and whether trespass can be used against a lawful act such as right to protest (strike).

What was the outcome of Harrison v Carswell?

Ruled in favour of Harrison; majority focussed on policy matter and judicial role, stating that weighing and determining values to society of the right to property and picket raises political and socio-economic issues where the resolution of which must be arbitrary.

What was the dissenting opinion of Harrison v Carswell?

Members of the public are privileged visitors whose privilege is revocable only upon misbehaviour or unlawful activity; such a view reconciles the interests of the shopping centre owner and members of the public.

What does Harrison v Carswell have to do with property?

Rights, not things; question of social justice (property owner versus privileged guest and labour rights); a rich set of choices to be made about entitlement, class, and distributive justice.

What statutes govern property rights in Ontario?

Land Titles Act, Registry Act, Conveyancing and Law of Property Act, Planning Act, Residential Tenancies Act, Personal Property Security Act.