LAW 1509 Lecture Notes - Lecture 6: Chimney Sweep, Intangible Property, Personal Property
3 Jul 2018
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COMM TRANS LECTURE INTRODUCTION TO
PERSONAL PROPERTY
Tangible and intangible property such as a house versus intellectual property
Property about the legal relationship between people and their stuff
If you have property it gives you the right to exclude others from using that
property without your consent
Duties relating to property may or may not be enforced by statute
Right to refuse people coming onto your land and you can sue people who come
onto or impact the nature of your land
The constitution says that the federal government can’t take away property but the
states can by default
Define personal property by what it isn’t real property (land)
Personal property classified as tangible and intangible property
Chose in action- Right to take some proceedings e.g. debt
Choses in possession- tangible property; goods
Documentary intangible- Some traces of tangible property but mostly intangible
such as shares where there is a paperwork demonstrating that the shares exist but
the shares themselves are intangible
Multiple definitions of property that can be applied in varying situations
Fixtures are classified as being part of the land/property so they may have began as
personal property but when they became fixtures they are no longer personal
property if the value of that land includes the fixtures. You can argue that it’s
personal property and not attached to the land. E.g. chandelier
Chattels aren’t attached to the land unless it’s attached a little bit e.g. chandelier
To what extent is an item fixed to the land?
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Melissa Sparrow (a1668063)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Tangible and intangible property such as a house versus intellectual property. Property about the legal relationship between people and their stuff. If you have property it gives you the right to exclude others from using that property without your consent. Duties relating to property may or may not be enforced by statute. Right to refuse people coming onto your land and you can sue people who come onto or impact the nature of your land. The constitution says that the federal government can"t take away property but the states can by default. Define personal property by what it isn"t real property (land) Personal property classified as tangible and intangible property. Chose in action- right to take some proceedings e. g. debt. Documentary intangible- some traces of tangible property but mostly intangible such as shares where there is a paperwork demonstrating that the shares exist but the shares themselves are intangible. Multiple definitions of property that can be applied in varying situations.
