“From small mistakes come great catastrophes.” (Justin Cronin) We’ve all seen how even the smallest mistake can have huge consequences down the line. A recent High Court spat between siblings
Category: Property Law
Property law is a branch of private law that governs the rights and responsibilities of individuals regarding “things” or objects, defining how property can be owned, acquired, and transferred. It involves regulating the relationships between people and objects, harmonizing competing interests, and ensuring individual property rights. Key aspects include defining what can be owned, establishing how to acquire property through various means, and regulating the transfer of ownership.
Key Concepts
Real Rights:
These are rights a person holds over a specific thing, such as a piece of land or a movable object.
Ownership:
The most complete and absolute right a person can have over a thing.
Legal Subjects and Objects:
Legal subjects are individuals or entities that can have rights and duties, while objects are the things (tangible or intangible) that people can have rights over.
The Garage Door That Had the Complex Up in ArmsThe Garage Door That Had the Complex Up in Arms
“Good fences make good neighbours.” (Robert Frost) When you buy into a community scheme (such as a security estate, complex or apartment block) you automatically become a member of its
Contracting with Trusts – Is a Majority Resolution Valid?Contracting with Trusts – Is a Majority Resolution Valid?
“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract
Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?
“It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling
Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written OnWhy an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On
“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent
Rising Damp and Failed Waterproofing: How to Sue the SellersRising Damp and Failed Waterproofing: How to Sue the Sellers
“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also
Property: Why Do You Need an Occupancy Certificate Before You Buy?Property: Why Do You Need an Occupancy Certificate Before You Buy?
“…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream
Property Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s RejectionProperty Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s Rejection
“The conditional acceptance of an offer amounts to rejection of same and not the conclusion of a contract, but may be a counter–offer.” (Extract from judgment below) A good offer
Estate Planning: Remember your Pets!Estate Planning: Remember your Pets!
“The greatness of a nation and its moral progress can be judged by the way its animals are treated.” (Mahatma Gandhi) For many of us our pets are a
Can You Use Land Use Laws to Close Down a Neighbour’s Business?Can You Use Land Use Laws to Close Down a Neighbour’s Business?
“A bad neighbour is as great a calamity as a good one is a great advantage”. (Hesiod, poet of Ancient Greece) Your neighbour’s business is driving you to distraction. Perhaps