Please enable JavaScript.

Coggle requires JavaScript to display documents.

Property law, Brendan Edgeworth, et al., Sackville & Neave Australian…

- - - - Tidal navigable waters
      - Non-tidal rivers
      - Lakes and pools
      - Artificial watercourses
      - Public roads
      - Seashore: In Qld - 'Ordinary high water mark at spring tides'
- - - - Adverse possession
        
        Factual possession
        
        Intention to possess
        
        Possession of land, like possession of goods, creates an interest in the possessor enforceable against the whole world, except someone with a superior right to the land
- - - - Whether attachment was for better enjoyment of the property generally or for the better enjoyment of the land and/or buildings to which it was attached
      - The nature of the property the subject of affixation
      - Whether the item was to be in position either permanently or temporarily
      - The function to be served by the annexation of the item
    - - Whether removal would cause damage to the land or buildings to which it is attached
      - The mode and structure of annexation
      - Whether removal would destroy or damage the attached item of property
      - Whether the cost of renewal would exceed the value of the attached property
    - - Intention determined objectively, although some scope for subjective intention limited to deciding the level of permeance and the purpose of affixation Blacker [12].
- - - - Transactions by mercantile agents
        
        In case of a mercantile agent exception: The Astley industrial Trust Ltd v Miller
        
        The person who has this possession must be a person fulfilling the requirements of a mercantile agent
        
        That possession must be with the consent of the true owner
        
        The goods must be in possession of someone who is not the true owner
      - Disentitling conduct
        
        Breach of duty of care Faruharson Bros
        
        Acting as a principal instead of an agent