Property Law Notes

Property LawWhat is Property : -A physical object of value-Held publicly or privately -A collection of enforceable rights -A collection of enforceable )Can be alienated inter vivos or on deathb)Except Aboriginal land(1)Only alienable to the System: -A registration system with two functions: the written legal effect to registrationa)Given by relevant information related to titleb)Creates indefeasible title (Land Title Act )-Legal interest is good against the as against the person making it-Equitable interest is formed by making a binding contract-Has three underlying principles: Principlea)Title is a complete reflection of all interestsb)Except enumerated exceptionsc)Unregistered documents may have an effect (Land Title Act ) Principlea)Immediate indefeasibility of title (1)Conclusive in law and equity (Creelman v.

- Aboriginal rights and title have always existed at common law (Calder) - Aboriginal title is protected under s.35 of Constitution Act 1867 (Van der Peet) - Aboriginal title is not prescriptive 1. It has roots in original occupation of land (Calder) - The Crown has a fiduciary duty to Aboriginal people (Guerin) - Aboriginal rights: 1.

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  Rights, Prescriptive

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