Property Law Master Essay Example | Topics and Well Written Essays - 2000 words

Property Law Master - Essay Example 1 2) A tangible thing (things' in possession) i.e. books, chairs etc. It also means an intangible thing (things in action). They have no physical existence i.e. patents, debts, copyrights, trademarks, shares. A very crucial information missing is on the type of "property" that Madam Eve Wong was to sell to Mr. Adam Lee. It is very important to make such as distinction because it has an impact on the remedies available in case of default. The English Law divides property into real and personal property. Although some other legal systems had divided property into movable and immovable. The distinction between real and personal property is of historical origin and is based on the different kinds of remedies available to a dispossessed person and the court action necessary to enforce it. Mr. Adam Lee should know what legal action he may have in case Madam Eve Wong dispossessed him of the property. If dispossessed of his land, Mr. Adam will have the right to get back the very thing he had i.e. land. He would have a right in Rem (a right in the thing). It is only the thing dispossessed that would compensate him. Therefore it would not be enough that Madam Eve Wong compensates him only with damages. This right in Rem grew out of a relationship between a person and a thing. The court action is called a real action. He is granted specific performance. If dispossessed of anything else (including... The legal relationship, cannot be defined unless other person is ascertained i.e. owing a car, a chair, watch is related to a seller. The person dispossessed could only obtain monetary compensation from the person who dispossessed him i.e. damages. The court action is called personal action and the property recovered, personal property or personality. 2 Because of the distinction in the available remedies, it has to be established of which class of property that Madam Eve Wong has sold to Mr. Adam Lee belongs. Real Property Real property consists of land, including buildings on land and trees and crops that grow on it and the rights over land. It also includes water on land. There is a rule that: - "cujus - est solum, ejus est usque and coclum et ad internos". It means "whose is the soil; his is also that which is up to the sky and down to the depths of the earth". This maxim states that: - Land ownership refers to the soil, what is above and what is below. The question of whether the fountain was included in the contract of sale of the property can be well answered using this maxim. The fountain is not somewhere else in separate land. It is on the land that is being sold. 3 The agreement fails short of explaining the specific property that the seller intended to pass to the buyer. The term "property" here is ambiguous since it is not descriptive but general. The use that Mr. Adam intends to put the property would also be of essence in determining whether the agreement included the fountain. From the case, it has been stated that the fountain was freely standing in the garden. The information missing here is the height at which the fountain is standing. It is important because the buyer of land has a