Key Concepts

• Property rights


  Legal rights associated with ownership and possession of property, enforceable against others
• Ownership


  The ultimate right to use, enjoy, and dispose of property, subject to legal restrictions
• Possession


  Physical control or custody of property, may or may not coincide with legal ownership
• Possession


  • Armory v Delamirie (1722): A finder of lost property has a superior right against all but the true owner
• Relativity of title


  A person's claim to property is judged against rival claims, not an absolute standard
• Relativity of title


  • Armory v Delamirie (1722): Illustrates the concept of relativity of title
• Choses in possession


  Tangible, movable personal property that can be physically possessed (e.g., goods)
• Choses in possession


  • Colonial Bank v Whinney (1885): Distinguishes between choses in possession and choses in action
• Choses in action


  Intangible personal property that can only be claimed or enforced through legal action (e.g., debts, intellectual property)
• Choses in action


  • Torkington v Magee (1902): A chose in action is a right that can only be claimed or enforced by action
• Native title


  The rights and interests of indigenous peoples in land, recognized by common law
• Native title


  • Milirrpum v Nabalco (1971): Did not recognize native title. Mabo v Queensland (No 2) (1992): Recognized native title and rejected terra nullius
• Adverse possession


  The acquisition of property rights through unauthorized possession for a specified period
• Adverse possession


  • J A Pye (Oxford) Ltd v Graham (2002): Adverse possession can lead to the squatter obtaining title if the limitation period expires
• Fixtures


  Items that are attached to land or buildings and are considered part of the property
• Fixtures


  • Elitestone v Morris (1997): A wooden chalet was held to be part of the land
• Terra nullius


  A doctrine asserting that land belongs to no one and can be acquired through occupation
• Terra nullius


  • Mabo v Queensland (No 2) (1992): Rejected the doctrine of terra nullius in Australia
• Right to exclude


  The right of a property owner to exclude others from their property
• Right to exclude


  • Entick v Carrington (1765): Trespass violates the right to exclude. Semayne's Case (1604): The right to exclude is not absolute
• Bundle of rights


  The idea that property ownership comprises a bundle of rights, such as the right to use, exclude, and transfer
• Personal property


  Property that is movable, including tangible (choses in possession) and intangible (choses in action) property
• Personal property


  • Colonial Bank v Whinney (1885): Distinguishes between choses in possession and choses in action
• Real property


  Property that is immovable, such as land and buildings
• Trespass


  The unauthorized entry onto another's property, interfering with their right to exclude
• Trespass


  • Entick v Carrington (1765): Trespass violates the right to exclude
• Conversion


  The wrongful interference with another's personal property rights
• Conversion


  • Armory v Delamirie (1722): The goldsmith's apprentice committed conversion by retaining the jewel
• Finders' rights


  The rights of a person who finds lost personal property
• Finders' rights


  • Armory v Delamirie (1722): A finder of lost property has a superior right against all but the true owner
• Bailment


  The transfer of possession of personal property without transferring ownership
• Bailment


  • Coggs v Bernard (1703): Established the basic principles of bailment