TABL1710 Study Guide - Final Guide: Native Title Act 1993, Adverse Possession, Bailment

• School: UNSW, UNSW Sydney
• Department: Taxation and Business Law
• Course: TABL1710
• Professor: Helen Cosby

Document Summary

In legal sense, property must be contrasted with possession of property: possession primarily means physical control, but can also mean right to occupation/to enjoyment of rents and profits, ownership right by which something belongs to someone. In case of possessory ownership, person in possession is deemed to have ownership against everyone else except those who can prove better title to property i. e. conveyance (in case of land) or receipt (in case of goods) Land: the position with respect to land is that, in certain limited cases, mere possession can give title under the doctrine of adverse possession against all but the true owner. Goods: where goods are found, mere possession may establish a property in goods against everyone except the true owner (cid:858)possessio(cid:374) is (cid:374)i(cid:374)e-te(cid:374)ths of the la(cid:449)(cid:859) (cid:858)possessio(cid:374)(cid:859) (cid:271)(cid:455) the fi(cid:374)de(cid:396) is a fo(cid:396)(cid:373) of (cid:858)p(cid:396)ope(cid:396)t(cid:455)(cid:859) Meaning of property: australian law developed under english common law, native title act 1993 (cth, real property act 1900 (nsw)