Week one

Introduction to Property Law

• Week 1 focuses on the concept and purpose of property.

• Examines the legal definition of property, time and space context, and classifications of property.

• Property is a central part of Australian society, encompassing personal property and land.

• Analyzes the complex legal status of property versus common understanding.

  • Key questions regarding property:

    • Access rights and prohibitions

    • Sale and transfer of property

    • Permissible actions with property

1.1 What is Property?

• Property relates to the relationship between individuals and things, including rights and obligations.

• Definitions of property involve:

  • Personal ownership relationships

  • Physical manifestations (e.g., land)

  • Rights to enforce contracts (e.g., bank accounts)

1.2 Classifications of Property Rights

• Types of Property:

  • Real Property: Refers primarily to land.

  • Personal Property (Chattels): Non-land property, such as objects, shares, etc.

    • Subcategories include:

      • Chattels Real: Connected to land without outright ownership (e.g., leases, mortgages).

      • Chattels Personal: Movable properties, divided into:

        • Choses in Possession: Tangible items (e.g., furniture).

        • Choses in Action: Intangible rights (e.g., debts).

  • Intellectual Property: Legal protections for ideas and artistic works (not covered in this unit).

  • Private Property: Owned by individuals or legal entities.

  • Public/Common Property: Owned collectively (e.g., rivers, Antarctica).

Page 2: Chattels in Property Law

• Chattels Explained:

  • Personal property distinct from real property:

    • Chattels Real: Linked to land; examples include leasehold estates.

    • Chattels Personal: Movable items with no land connection, categorized further.

Page 3: Classifications and Theories of Property

• Property rights consist of rights in rem:

  • Usage and enjoyment rights

  • Rights to exclude, transfer or possess

  • Bundle of Rights: Concept of property encapsulating various rights.

• Views of property as a social institution regulating resource access.

• Counter traditions emphasize social obligations tied to land.

• Key legal cases highlight these distinctions:

  • Millrrpum v Mabalco - Indigenous rights.

  • Yanner v Eaton - Legal relationship definition of property.

1.3 Defining Property: Proprietary vs. Personal Interests

• Distinction between proprietary rights enforceable by anyone and personal rights enforceable only between contracting parties (privity of contract).

• Illustrative examples:

  • Permissions vs. rights of ownership.

Page 4: Licenses in Property Law

• Different types of licenses:

  • Bare License: Basic permission.

  • Contractual License: Offers specific rights.

  • License Coupled with Proprietary Interest: Enhances the value of a license through property rights.

• Legal case: King v David Allen and Sons Billposting Ltd demonstrates aspects of licensing and property rights.

1.4 Defining Property: Boundaries in Real Property

• Vertical and horizontal property boundaries:

  • Defined by surveys, title plans, geological features, and natural boundaries such as watercourses.

• Doctrine of Erosion and Accretion: Changes in land ownership due to natural processes.

• Understanding boundaries is crucial for claiming adverse possession or determining fixtures.

Page 5: Boundaries and Legal Ownership

• Property ownership extends vertically and horizontally from the ground:

  • Limits include airspace and subsurface rights under specific regulations.

  • Boundaries determined via surveys and legal statutes.

Page 6: Fixtures in Property Law

• Doctrine of Fixtures: Transition of personal property to real property through attachment.

• Key considerations include:

  • Degree of annexation

  • Purpose of attachment

• Implications for various scenarios (e.g., sales, leases, inheritance).

Page 7: Fixtures in Case Law

• Analysis of key cases (e.g., Belgrave Nominees Pty Ltd v Barlin-Scott and National Australia Bank Ltd v Blacker) illustrating the doctrine of fixtures and the criteria used by courts.

Page 8: Determining Fixtures

• Examination of degree and purpose of annexation—the practical and structural considerations that influence fixture status.

• Courts look closely at historical context and intentions surrounding property attachment.

1.6 New Forms of Property

• Restrictions in recognizing new property types, despite advancements in technology and social changes.

• Examples include:

  • Native Title

  • Environmental resources

• Courts have begun adapting to new interactions with property arising in technological contexts.

1.7 Proprietary Remedies in Property Law

• Overview of proprietary remedies available under property law beyond monetary compensation:

  • Injunctions, trespass, detinue, conversion, and specific performance.

• Legal case Cowell v Rosehill Racecourse Co Ltd exemplifies the application of property rights and contractual licenses.

Protection of Property in Australia

• Legal framework and protections:

  • Australian Constitution provisions

  • Land Acquisition and Compensation Act 1986 (Vic) and Charter of Human Rights and Responsibilities Act 2006 (Vic) ensuring protection against undue deprivation of property.

Week 1 Summary and Key Points

• Explore definitions, classifications, and rights associated with property in Australian law.

• Property includes real, personal, and intellectual property with implications on individuals’ rights and obligations.

• Property is not merely ownership but a complex legal relationship.

• The week highlights various legal principles, counter-traditions, and pivotal court cases relevant to understanding property law.