S.4 - Property

Types of property

• Money (coins, banknotes)

• Real Property (land and buildings)

• Personal Property (all moveable items like book)

• Things Action (personal property right actionable against another like debt)

• Other Tangible Property (things with no physical presence)

Real Property

• Real property can only be done in three circumstances, as per s.4(2):

• 1) person dealing with the land does so in special capacity, like as a trustee.

• 2) someone not in possession of the land severs anything forming part of the land

• 3) being in possession of the land under a tenancy, the tenant appropriates the use of the land

Personal Property

• Dead bodies and body parts can be personal property and can be stolen if they are controlled 

• R v Kelly and Lindsay

Things which cannot be stolen

• Confidential information - Oxford v Moss

• Electricity - Low v Blease