LAW 201 Lecture Notes - Lecture 5: Property Law, Smartphone, Fee Simple
14 Jun 2018
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Module 5: Property Law
Module 5A: Property
What is property?
• Land- real propert
o Ex. Buildings, resources below the land, minerals etc.
• Smartphone- persoal propert
o Tangible things, things you can touch
o Intangible things ex. Shares
• Intellectual property
o Copyright- the right to reproduce, the right remains with the producer, does not
need to be registered, lasts for the life of the producer plus 50 years
o Trademarks- word or symbol that distinguishes the goods or services of a
business, must be registered, when registered it lasts for 15 years then can be
renewed
o Patents- granted by government to an inventor to prevent others from using the
ietio ithout the oer’s oset, effetie for 20 ears, applies to ol
new inventions
What are the rights attached to ownership of property?
• Use and enjoyment
o Not unlimited- duties including not to injure others through careless use
o Rights of exclusion- others a ot use the ar ithout oer’s perissio
• Exploitation
o Use to derive an income ex. Uber
o Subject to regulations
• Alienation
o alieate- interest by sale or lease
o Subject to regulations
Victoria Park case (1937)
• Racetrack built a high fence around it to ensure people would have to pay to watch and
bet
• Neighbour built a scaffold, allowing to look over the fence and view the race, then
broadcasting the results of the race
• Instead of paying admissions, people decided to listen to the radio instead
• Racetrack owner argued that the neighbour infringed on his property rights by
broadcasting the results without consent
• Court found that there was no wrong committed that was known to the law
• Court said there was nothing in the law to prevent the neighbour from building the
scaffold and broadcasting results
• Copyright does not forbit people from stating facts and results of a race
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
What is property: land- (cid:862)real propert(cid:455)(cid:863, ex. Buildings, resources below the land, minerals etc: smartphone- (cid:862)perso(cid:374)al propert(cid:455)(cid:863, tangible things, things you can touch. Uber: subject to regulations, alienation, (cid:862)alie(cid:374)ate(cid:863)- interest by sale or lease, subject to regulations. Division of property rights: estates, co-ownership, legal and equitable interests, bailment, licences and leases (dividing title and possession, easements and covenants (non-possessory interests in land) Joint tenancy- common between spouses: tenancy in common- if one dies, will not automatically go to the other co-owner. Legal and equitable interests: when a trust is created, ex. Dividing possession and title: one person will be lawful owner of the property (have title of the property), another person will be in lawful possession of the property, bailment, rightful possession by non-owner, e(cid:454). Possession: person who finds the property has a higher claim of the property opposed to everyone else (except the owner) Even if bird has been a trespasser, he was still entitled to the money.
