Fraudulent transfer is voidable at the option of creditor and transferee. Propertyby practical law propertyrelated contentthe standard documents for practical law property, together with their accompanying drafting notes, are listed below. Class notes on property law unit iv 2nd sem 3 year ll. Before that, the transfer of immovable property was governed by principles of english law and equity. Definition of immovable property in section 326 of general clauses act, 1897, is also not exhaustive. Definition of note real estate in the legal dictionary by free online english dictionary and encyclopedia. Note real estate legal definition of note real estate. Topic, rule of law, elements, arguments, case as an example, policy.
Property in the abstract is what belongs to or with something, whether as an attribute or as a. It says only that immovable property does not include standing timber growing crops or grass. The idea behind these notes is that people can get access to solid summaries and not have to stress out about typing them up. Ultimately, land law is looking to determine what interests there are in the land and therefore what a person can do with the land. Marx notes that under feudal law, peasants were legally as entitled to their land as the aristocracy was to its manors. Property law, principles, policies, and rules by which disputes over property are to be resolved and by which property transactions may be structured. Sale of immovable property central government act section 54 in the transfer of property act, 1882 54. Does not include model exams and model exam answers. A direct incursion on anothers land, means that a foreign object has been allowed to make contact on someone elses land. Application to land transfer registration act part 1a deeds and other instruments 4.
In this video there is the introduction of transfer of property act. Then take 35 page outline and turn it into a 4 page outline. Contract law covers the formation of contractual relations, the requirements for. In a construction context this is important as there are different rights created by what is known as the law of property. The same documents can also be viewed by clicking on the relevant subject in the topic box on the practical law family homepage and then selecting the practice notes tab. Occupation and civil law as efficient bases of property, labor as the efficient cause of the domain of property, sychological exposition of the idea of justice and in justice, and a determination of the principle of government and of right. Concept, meaning, origin, definition, interpretation, kinds under property, intellectual property, patent, kinds, trademark, copyright. Pvl3701 law of property gimmenotes unisa study notes. In the civil law system, there is a division between movable and immovable property. Whether you are a new student or someone who is just about to sit for your property law examinations, the law simplified course on property law will give you a fasttrack summery of the subject.
The most concise and updated property law and land law study notes for australian law students. To make use of property law, you have to be able to apply it to factual situations. The first part is in respect of transfer of immovable property made with intent to defeat or delay the creditors of the transferor and second part is in respect of transfer with intent to defraud a subsequent transferee. Unicramnotes is the leading online resource for law students in australia. If you are looking for help with your lecture notes then we offer a comprehensive writing service provided by fully qualified academics in your field of study. In a construction context this is important as there are different rights created by. The summary notes are an excellent exam help, with steps to work out whether a particular issue is found in a problem question, and relevant precedent and case citations for that hd answer. Property law notes and cases pdf ebook download for llb. Familyby practical law familyrelated contentthe practice notes that are currently on practical law family are listed below under the relevant topic. Many students who study the law, find it difficult to connect all of the pieces together. I have decided to make these notes available to download on this blog, to share my knowledge and hard work. Psm 8 basic principles of property law in sa 6 of 50 1.
We also stock notes on roman law as well as law notes generally. In his text the common law, oliver wendell holmes describes property as having two fundamental aspects. Contains class notes, notes from the textbook, as well as case summaries. What distinguishes property law from other kinds of law is that property law deals with the relationships. Free property law books download ebooks online textbooks. This cheat sheet summarizes some of the more important or difficult property law rules and gives you a quick reference on how to apply them.
Immovable property concept and definition law and beyond. It is a surprising fact that the transfer of property act does not contain a comprehensive definition of immovable property. We also have free study guides and assignment guides for law students. As such, land law is heavily governed by how your neighbours interact with land and what you could have been expected to know. Each document is listed only once and by reference to the topic to which it is most relevant. Trespass to land is the direct incursion on land in the possession of another. Domestic law is binding because we have a legitimate legislature there is a division within national laws as seen above public law. Introduction the law of property in its widest sense deals with all assets that could form part of a persons estate. Hi fellow law students, i am sharing lecture notes in ebook format pdf for the subject property law for llb and ba. Law of property, llb semester 3, osmania university, short notes and answers. Property outline be concerned with facts, holding, and policy. Revision notes property law sample material the qualified lawyers transfer scheme qlts qlts school ltd. Personal property personal property is all forms of property other than real property all forms of property other than land and interests in land the passage of personal property is governed by principles of contract sale of goods act 1985 wa sga o title to pass when it is intended to pass section 17 o a contract for the.
Study unit 1 property in law of property broad sense. Detailed notes on the law of property for the first. Notional property in american property law is a reference to the idea that sometimes legal roles, themselves, create a fictional asset, or a fictional object, within a particular context, and attach consequences to it. Law study notes australia while studying a bachelor of laws at monash university, i wrote some pretty good study notes.
Here you will find summarised property law notes for the entire monash university topic both property a and property b. Our study notes cram notes, model exams and online tutors are here to help you throughout your time at law school. I have decided to release my all my university notes online in. The term property is commonly used for the objects over which the right of ownership extends. The lecture notes below were written by our professional writers, as a learning aid to help you with your studies.
The preamble of act sets out the objectives of the legislation. It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. It applies only to transfer by the act of parties and not by operation of law. What is property an inquiry into the principle of right and of government. However, property law, especially american property law, recognizes another category, which i will call notional property. B 1st year 1st semester first llb law notes law lecturer bachelor of laws notes ll. Before that, the transfer of immovable property was governed by principles. Sometimes the line between directness and indirectness is not so clear see, for example, gregory v piper 1829. Property law the transfer of property act came into existence in 1882. Alienable a can be alienated inter vivos or on death b except aboriginal land 1 only alienable to the crown 2. In english law, these are termed as chattels and land. All corporeal property is either movable or immovable.
Property law notes summary of topics with case law and. Whats important is the hypos and what we do in class. Property law is the area of law that governs the various forms of ownership and tenancy in real property land as distinct from personal or movable possessions and in personal property, within the common law legal system. The same documents may also be viewed by clicking on the relevant subject in. It defines immovable property as it shall include land, benefits to arise out of land, and things attached to earth. Within each subject the notes are numbered in chronological order, in the order they were taught. Sales of general law land deed is essential in sales all conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed. The transfer of property act 1882 is an indian legislation which regulates the transfer of property in india. Our cram notes are short, concise, simple and detailed law notes for all law subjects. Exclusive physical control of a thing, combined with a manifest intent to exclusively control the thing on the possessors own account and in his own name constructive legal possession. The notes contain important legal principles, cases, legislation, and commentary explaining the law all in summarised pointbypoint format. Property law act 1952 samoa property law act 1952 arrangement of provisions part 1 preliminary 1. Sale is a transfer of ownership in exchange for a price paid or promised or part paid and part promised.
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