ENG ELC 220 Lecture Notes - Lecture 34: Adverse Possession, Land Law, Erga Omnes
Document Summary
Common law in the narrow sense: fragmented system of property. Immovables (land law): all english land was held by the crown: movables (personal property law): chattels or goods. Land law: originally feudal system, later modernized (not overthrown, scotland abolished all feudal rights in 2004. Law of property act of 1925: two feudal rights on land (estates: freehold (fee simple absolute possession): exclusive possession for an unlimited amount of time, leasehold (term of years): secondary property right, fee for a number of years. If multiple titles exist, the strongest by comparison can claim possession over the good. Equity: trusts separate management powers and enjoyment rights relating to property between a manager (trustee) and one or more beneficiaries (beneficiary owners) Primary rights: primary rights grant the most extensive entitlement to an object (right of ownership) Secondary property rights: secondary rights give the right holder permissions and competencies normally belonging to the primary right holder.
