Common Law/ Statutory Powers of Sale
Sheriff authorized to sell goods seized under Writ of Execution
Innkeepers have the right to sell goods to satisfy outstanding charges.
Pawn shop owners can sell goods to satisfy lien
Courts have a discretionary power
Creates a freehold lasting for the lifetime of the person named in the grant.
Cestui que vie - use of the grantees life as the measuring life (To my
mother for as long as she lives)
Pur autre vie - use of anothers life as the measuring life. (
Where intention is not apparent Sales of Goods Act provides rules to
determine when property has passed
Legislation is only considered when the contract provisions are not sufficient.
Sale of Good Act rules
In a contract for:
in a deliv
off between assignor and debtor. (p.69)
Principle: Assignee subject to defenses arising from original contract or setoffs existing at time of assignment. Notice terminates any further
arrangements between Assignor and debtor.
Look at Chapter 9.
Removed within reasonable time.
Removed without damage to property.
Accession: (Firestone Tires Case)
Two chattels are joined together. Property accrues to owner of principal
chattel (generally the one of greater monetary value)
Courts will consider
Nature of the property
Number of parties
Absence or disability of a party
Any other relevant circumstance
Each co-owner entitled to use, enjoyment and possession. Entitled to profit
from individual industry (fructus industr
Extent of Fee Simple
Mines & Minerals
Check original grant for reservations.
Right to explore and exploit subject to statutory reservations.
Right to lateral and subjacent support.
Lateral: No damage to support of neighboring lands
Torrens system provides certainty of title
Mirror - State guarantee that registered documents mirror the status of title
at any given time.
Curtain - Look no further to investigate history of title.
Insurance - State provides insurance t
Contract in writing
Signed by Purchaser and Seller
Description of Property
Terms and Conditions
Purchaser holds equitable title, seller, legal title.
Legal title passes when price paid.
Agreement assigns risk of loss to vendor until clo
Particular right to particular person for particular time.
Does not pass to subsequent land holders.
Profits a pendre:
Right to enter land of another to take some product or profit from the soil.
(plant, minerals, timber, wild animals, fish, oil
Private: onus on plaintiff to establish unreasonable interference
Nature of the harm
Duration of the nuisance
Character of the neighborhood.
Public: widespread effects
Action brought by Attorney General
Interests in Land Other Than Estates: