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Property A Characteristics Of Property Notes

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This is an extract of our Property A Characteristics Of Property document, which we sell as part of our Property Law Notes collection written by the top tier of Monash University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Property Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Characteristics of Property:

1. The right to use or enjoy

It is not necessary that 'the dominion of the owner be absolute or fixed' Wily v Saint George
Partnership Banking Ltd

2. The right to alienate

Not always an essential characteristic but is generally correct Mason J in R v Toohey

3. The right to exclude

This is a private right exercisable against the general public

Title: ownership rights over property as recognised by a legal system Ownership: the right recognised by the law, in respect to a piece of property to exercise with respect to that
property all such rights as by law are capable of being exercised. The Victorian Charter of Human Rights and Responsibilities Section 20 provides that a person: "must not be
deprived of his or her property other than in accordance with the law"

1. Classification of property a. Real (Land) immovable i. Incorporeal (intangible rights). Describes lesser rights over land


ii. Corporeal (tangible rights). Possessory right.

Land (an estate in land)

b. Personal (Goods) movable i. Chattels real (leases) ii. Chattels personal

Tangible: Chose in possession eg. books and furniture


Intangible: Chose in action eg. shares, damages

2. What type of land is involved?
a. Torrents System Land i. Registered interest under the Transfer of Land Act 1958

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