Summary Intro to Property Law Powerpoint for All Modules
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Course
Property Law (LA24815)
Institution
The University Of Warwick (UoW)
Powerpoint with detailed summary for each module in first year Property Law. Separated by design for ease of reference. Powerpoint based on detailed lecture notes and readings - condensed into easy-to-read Powerpoint format to help with making flash cards, memorising, etc.
Helped me get a first ...
,scholarly definitions of property
➔ Hohfeld defined property as a ‘bundle of rights’
◆ Criticised by Penner for just being a slogan that conjures up an image, not a thesis
➔ Kohler defined property as a ‘man-made construct’ to control and regulate the
allocation of finite resources
➔ Gray and Gray define property as a network of jural relationships
◆ Makes land law a body of rules which governs the distribution of utility
➔ Gray in ‘Property in Thin Air’ called property a relative concept
◆ Has moral limits and can be interpreted as control over access
◆ Is relative because it’s a dynamic continuation (notion is constantly fluctuating; not static)
,case law definitions of property
➔ Definition given in R (Lord Chancellor) v Chief Land Registrar
◆ Property isn’t the building itself, but a bundle of rights and obligations relating to it
➔ Definition given in Australian case of Milirrpum v Nabalco Pty Ltd
◆ Property ‘generally implies the right to use or enjoy, the right to exclude others, and the
right to alienate’
➔ Definition given in Yanner v Eaton
◆ Is a legally endorsed concentration of power over things
◆ Makes property a power relationship between a person and the thing
, statutory definition of property
➔ Definition in S205(1)(xx) Law of Property Act 1925
◆ ‘“Property” includes any thing in action and any interest in real or personal property’
➔ Different definition in the context of criminal law in S4(1) Theft Act 1968
◆ ‘“Property” includes money and all other property, real or personal, including things in
action and other intangible property’
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