What is Property

Property in its many forms, generally implies the right to use or enjoy, the right to exclude others and the right to alienate. I do not say all these rights must co-exist before there can be a proprietary interest, or deny that each of them maybe subject to qualifications


Blackburn J, Milirrpum v Nabalco (1971) FLR 141

The right to use or enjoy


Yanner v Eaton
as elsewhere in the law, 'property does not refer to a thing; it is a legal relationship with the thing

The right to alienate

R v Toohey
A property right must be 'capable in its nature of assumption by third parties'

The right to exclude

Stow v Mineral Holdings

Licences

Bare

Contractual

Coupled with an interest

Real Property

Personal Property (chattels personal)

Corporeal (land)

Incorporeal (easements)

Choses in possession

Choses in action

tangible property that can be possessed by a person

personal property that cannot be held in a persons hand - shares, IP