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Property Assessment 2 Part 1 - Coggle Diagram
Property Assessment 2 Part 1
Building
Sam
Homeless
Taken up residence in 'abandoned building'
exchanges 'sketches' as a form of rent
stores his stuff in old filing cabinets
has access to water and working bathroom in buidling
has been in building longer than current owner as current owner remembers an interaction with him during first inspection
current owner is 'happy' for Sam to occupy basement, and has provide padlock and keys to Sam for access and security of his possessions.
Jurisdiction - Qld
Vacant for 18years
Two previous owners
Current owner in possession for last 10years
6 months ago owner transferred ownership to the 'corporation' located oversees
no written agreement with regards to Sam's occupancy, however there is a understanding that the Corporation would look after Sam
Corporation provided Sam with new padlocked gate to the site which has now been fenced off
Corporation 6 months later decided to redevelop the site while Sam was on a 'bender', as a result the whole building was demolished
Workers found duffle bag containing $250k, several rolex watches and items of jewlery values at and addtional $25k. Cash in $5k bundles and two bundles were open where it appears someone had been using the cash
Corporation offered Sam $10k as relocation assistance, but refused to return the duffle bag and its contents - Corporation handed the watches and jewllery to the police and divided the cash amongst the work crew, Corporation stored his bedding and sketch books which they have offered to return to Sam
3 more items...
Issues for consideration
Tresspass
Detinue
Conversion
Questions to answer
Is Sam entitled to the above remedies
Is Sam entitled to a remedy for the destruction of the basement?
Who owns the duffle bag and its contents?
This will involve the concept of possession for which there are two required elements being Control (custody) which applies to tangible things, and the second being the intention to possess
Animus possidendi
For there to be possession in law there must be more than custody there must be the mental element of holding for one's own purpose
The law will give the person recognised as having possession the right to have it restored if deprived of possession
Grant v YYH Holdings Pty Ltd
[2012] NSWCA 260
the law will also give to the person as having possesion the right to have it restored if deprived o f poessession
This right is good against all but the true owner
Defence
Jus terrtii
the person asserting possession is not able to rely on the fact that a third party, who is not involved in the dispute to possession of property, may actually have a better right to possession than the party initiating the action for possession.
Assuming Yes to (c) what would be the remedy?