property_law_summaries

Strong policy considerations especially the fact that

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Strong policy considerations: Especially the fact that they had worked really hard ad therefore deserved to gain the benefits – LABOUR LAW THEORY. Mosk J (minority) Health and Safety Code does not authorise commercial exploitation of tissues Bundle of Rights Cell-line not factually distinct from Moore’s cells Patent should not protect the Doctor Propertising cells need not hinder research Propertising cells need not hinder research
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DOCTRINE OF TENURE __________________________________________________________ Definition : the idea that the Crown owns all land absolutely. All land owners are tenants in chief. They hold their estate which is traced back to the Crown. NATIVE TITLE MILLIPRUM MABO V QLD (no.1)Case considered elements which tied the tribe to the land.
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DOCTRINE OF ESTATES_______________________________________________ DEFINTION: An estate is a thing separate from the land itself ( possession/seisin) o An estate is something which falls just short of absolute ownership. The nature of the estate determines the extent and duration of the right to possession. FORMS: This doctrine recognises that there can be successive interests in land. o Right to immediate possession o Right to future possession Present vs. future interests – can be alienated A person cannot own land absolutely due to the DOT. Everyone else who has an interest in land has an estate in land (which gives a right to possession) Leasehold Estate: Freehold Fixed term - fee simple Periodic - free tail Estates Freehold Uncertain duration Leasehold Certain duration Fee simple Fee tail Life estate Fixed term Periodic At will At sufferance
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At will - life estate At sufferance Fee simple estate Definition: A right to exclusive possession that may last forever “Fee” = inheritable “Simple” = not limited to a particular class of heirs (ie. Not just males or females.) ( BEST PROPERTY INTEREST) Rights Use, alienate and exclude To things in, on or over the land o ie. Things found on the land, fruit on trees on the land. o Qualification: Minerals: subject to legislation To create lesser interests o Can create a lease or something which is not an estate like a mortgage or an easement etc.. Voluntary alienation - Inter vivos disposition (during life) o Formal words that need to be said in the deed in conveyance. In correct use of these words meant that you did not give the fee-simple but rather a ? o Even if you don’t use the correct words, a fee-simple will pass unless this is something contrary. o Property Act s.60. - Testamentary disposition (by will) o Historically the law was a bit kinder about leaving a fee-simple interest in a will and you didn’t have to user the exact words of limitation. o It was enough to show through your words you intention to pass a fee-simple on. o This intention is now confirmed under the Wills Act. Involuntary alienation - Compulsory acquisition o Where the government takes your land either under statute or under constitutional rights.
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