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Topic 2: Classification and boundaries between types of property - Coggle…
Topic 2: Classification and boundaries between types of property
Classification of Property
Real Property
Personal Property (“chattels”)
Chattels Real
Chattels Personal (pure personality)
Choses in possession – movable goods
Choses in action – intangibles
Boundaries of Land
‘good working rule’
to determine boundary disputes
Shelfer v City of London Electric Lighting Co
[1895] 1 Ch 287
Rights over Air Space
Bernstein of Leigh (Baron) v Skyviews and General
[1978] 1 QB 479
Griffith J; ‘necessary for the ordinary use and enjoyment of his land and the structures upon it’
Remedy; injunction with the ability for damages
Rights to Soil / Minerals
Bocardo SA v Star Energy UL Onshore Ltd
[2010] 3 WLR 654
Rights of the owner stop where pressure and temperature render the concept of strata absurd
Mineral Resources Act 1989
(Qld) s 6
Atomic Energy Act 1953
(Cth) s 35
Petroleum Act 1923
(Qld)
Fixtures
Fixture is chattel which is part of the land by being affixed, and now becomes real property
Doctrine of Fixtures
Degree of annexation (objective test)
Palumberi v Palumberi
(1986) 4 BPR 9106 Supreme Court of NSW, Equity Division
‘..the intention with which the item is placed upon the land..’
Purpose / object of annexation
National Australia Bank v Blacker
[2000] FCA 1458
Tenant’s Rights to Fixtures
Residential Tenancies in Queensland
Agriculture Tenancies
Property Law Act 1974
(Qld) s 155
Chattels annexed to Land without permission
Property Law Act 1974
(Qld) s 196
improvements made under mistaken belief
Concept of unjust enrichment
Boundaries
Doctrine of Accretion
Land gained by gradual means is property of the adjoining land owner
Land Act 1994
(Qld) s 10
Southern Centre of Theosophy Inc v South Australia
[1982] AC 706
Doctrine of Accession
Intermixture where separate items of personal property become indistinguishable from each other; chattel affixed to another chattel
Rendell v Associated Fiances Pty Ltd
[1957] VR 604 APL
Land Bounded by Water
Land Act 1994
(Qld) s 13A
Attorney-General v Chambers
(1854) 4 De GM & G 206
owner owns the water up to the mean high water mark
Orr Ewing v Colquhoun
(1877) 2 AC 839
owner owns the bed beneath the water
Encroachment
Property Law Act 1974
(Qld) s182-194
encroachment of buildings onto adjoining land