MMP121 Lecture Notes - Lecture 2: Detinue
16 Aug 2018
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Document Summary
Property rights are the legal rights entitling people to make use of their property and property law refers to the law surrounding property, determining whether the rights attach. Possession is a property right that defines that others cannot interfere with your possessions (trespass, conversion or detinue), providing evidence of ownership. Ownership includes the right to possess but not always. Title involves the right or entitlement to a thing with evidence of ownership (registered or native title) Possession is either acquired by consent (temporary or permanent) or without consent. He who possesses the land also possesses that which is above and below it . Sometimes these are mixed e. g. private land use can be determined by government (heritage) A fixture is a chattel that has become part of the land due to its connection to the land lost its characteristic as personal property due to this nature.
