Wednesday, October 5, 2011

course work



  






Definition of land
Land in law is normally defined as what it is composed of, therefore land includes the surface of the earth i.e. soil and every surface such as buildings, vegetation, water bodies, minerals and the space above the earth surface and that matter that is why land law is called/ referred to as the law of real property.
Definition of property
Property refers to anything that which belongs to a person for example one’s belonging may be tangible. Personal property which is defined as something you can touch and move while intangible personal property is that property that has no physical existence for example stocks bonds, bank notes, trade secrets, copy rights, trademarks and so on
We should note that tangible personal property can be represented with a certificate/ license.
Property is classified in two categories
·        Real property/ reality
This refers to immovable property as well as rights derived or obtained from such property and here we refer to soil itself, building, minerals and all other things which form part of or are attached to land
·        Personal property / chattels
This refers to chattels, it can be defined as property that can be moved, it is also called personality
As land law is refered to as the law of real property the following are differences between real and personal property
Real property is immovable property that cannot be moved forom one place to another fro example land cannot be moved form one place to another while personal property is movable property which can be moved transferred from one place to another.e. mirrors, tables, chairs, books
Since pproperty in real property immovable, rights are derived from such property like the right to way called easements , right to colletc water from anothers land called profits apprendre, fire wood while personal property the owner of property enjoys individually his rights and can decid what to do with his property any time he wants

In real property fixtures are attached to land so that they become part of land(as the cardinal prinple such objects are called cahttles while in personal pproperty cahttles exist and can be moved from one place to another how ever tests are carried out under  real property by a courut / judge to determine what amounts to a fixture.
Rights under real property are recognized by law and enjoyed by any one person provided such rights  exist on that land while in personal property sometimes, aright may be enforced by an action in court or through a chose ofaction that arises under a contarct for example  if c owes D a sum of money, the debt is intangible and cannot be physically possessed, so D can enforce his right by suing on a contracting order to recover the money wed to him. Other examples are shares, bank notes, copy rights, bonds and so on
Concept of possession in real property under originall  claim for example where land has never been acquired by any one (virgin land) a person who therefore clears it and puts it to pproductive use, such a person acquires original claims or through inheritance  while personal pproperty a person just possess
We should not that there is also ownensrship by derivative means, where propertyis acquird from its original or current owner who at the time abadones the pproperty and hence its ownership is asid to have been obtained from the previous owner

In real property chattels are attached to land so that they become part of land fro example if an object is placed on land, it lloses its charateas a chattle  and it becomes  part oof land as the cardinal principle of common law that what ever is attached to soil is part of soil(quit quid plantarus solo solo credit)

Chattels under personal property can be removed separated from land without it losing its identity, pprima facie a chattle can remain a achattel & the other as a fixture while in real property  which is immovable is permanent fixture that cannot be transferred form one palce to another. Fro example in the case of Webb v Beris, it was found that concerte was separated form entire structure and the super structure could be remobed with out destroying the foundation and that there fore, the super sturcuture was a chattle

In personal property a person may want or have an intention to make an object part of land which depend on the weight of the object as it was pput forward in the case of Hollland v Hodgson, that the true rule iis that articles which are attached to the land by their own weight cannot be part of land  and that is why there is the degree of annexation. i.e. Syper vPhilphson, noted that comparatively duarable method of annexation will not make fixture/ chattle under personal property , objects can be separated in two parts
·        As a chattle
·        A fixture
Therefore the removable part is a chattle while in real property, property cannot be separated, for example land is immoovbalbe including the surface of the eart, soil, minerals, vegetation, space above the earth. For example in the case of Webb v Beris, it was found that concrete was separated from entire structure and the super structure could be removed with out destroying the foundation and for that mater the supper structure was a chattlel.
Under real property an object which is  a fixture, such an object cannot be removed because its part of soil as the cardinal principle of common law(quit quid plantarus solo solo credit) meaning that what ever is attached to soil is part of soil while if it is removed by exprees agreement or if it falls under common law exceptions to the general rule and parties agree on the time of termination tenancy then it can be called ppppersonal pproperty and absolute owner of land will compensate the tenant for the fixtures. Fixtures that were developed in common law are trade fixtures attached by the tenent for purposes of his / her trade.
Tenant fixtures: these are removable by the tenant,
Ormamnetal domestic: fixtures these are chattels fixed to abuilding for ornament or  convienince purposes fro example dressing mirror on the wall, agriculturall fixtures regarded as normal use of the land
However there are some similarities between real and personal property.
In real and personal property there is ownership of property  whether immovable or movable. Intangible or tangible
In both tangible right exist. Under real property for example land. It can be physically touched therefore tangible and in personal property objects like cars, chairs, tableare tangible and can be touched. Under both properties, rights exists for example in personal property a person has the right to move his property form one  plce to another and also chose in action which is an intangible right that can be physicallypossesse and can enforce such a rifht fro example a debt by an action in court, this normally arises in contract. In real property the rights that are derived are, a right of way which are called easements , to collect firewood, water from another land called profits apprendre. In both pproperties there is a concept ownership as a state/ fact of an exclusive right and control over property, possession, a state of having or owing something as Meggary’s mannal of  Law of Real Property says that even if the building was constructed using stolen materials they all in law become a gift to the ultimate owner of the land, because what ever is attached to the soil is part of soil as the cardinal principle states it.
In both properties there is land as the main concept as land is defined by what it is composed of as soil, mminerals, space above the earth surfec and chattels that  are attached to land and become part of the land for example in the case of Bushland v Butterfield , it was found that there was sufficient connection of a verandah to the hous to make the verandah part of the building.
Both personal and real property have benefits to the owner and the community in away that sinec whatever is attached to soil is part of soil, if a person constructs a building for commercial use \, people will be employed on such building to work and earn a living and on land it sellf we can get firewood to cook food, water for domestic use
In conclusion, Real and Personal property are divisions of property and people have a possessive attitudes towards theirproperty in which have differences and similarities































REFERENCE
*  Principle Of Land Law  by John Mugambwa
*  Meggary And Wade 7th Edition
*  Cheshire And Burn

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