Tangible (corporeal) chattels: land, buildings, goods Intangible (incorporeal) chattels: claims on revenue, mortgages, patents, copyrights Subjects of property: persons (humans and legal persons like orgs) Right to exclude; [crocodile] Facts P charged with killing and keeping crocodiles under Fauna Conservation Act. The Native Title Act gives people right to traditional activities. Issue Is there a right to excludability under the Fauna Act? . No, judgment for P – no exclusive state right to control fauna. Ratio Property as opposed to full/absolute ownership can best be understood in terms of control. Property is seen as the power to control over access (right to exclude & right of exclusivity). Right to exclude; limitations to private property; [mall] Facts Carswell picketing peacefully at the sidewalk of a mall. Owner of mall said that she would be charged with trespassing if she did not stop. Issue Did the owner of property (mall) have sufficient possession of shopping mall sidewalk to press charges of trespassing? Yes! Owner had the right to exclude tenants as per his private property rights Ratio PP extends into public 11 possession, management & control - exclusive use, right to exclude others Right of exclusivity – the exclusive right to own all the aspects of property in its entirety by the owner Right of excludability – the owners power to exclude others from his property; state-enforce right of exclusion income & capital - to alienate, to consume, waste, or destroy the whole or part of it transfer – inter vivos & on death protection under the law – security against expropriation liability to seizure – exact compensation for debts that may occur
Tangible (corporeal) chattels: land, buildings, goods Intangible (incorporeal) chattels: claims on revenue, mortgages, patents, copyrights Subjects of property: persons (humans and legal persons like orgs) Right to exclude; [crocodile] Facts P charged with killing and keeping crocodiles under Fauna Conservation Act. The Native Title Act gives people right to traditional activities. Issue Is there a right to excludability under the Fauna Act? . No, judgment for P – no exclusive state right to control fauna. Ratio Property as opposed to full/absolute ownership can best be understood in terms of control. Property is seen as the power to control over access (right to exclude & right of exclusivity). Right to exclude; limitations to private property; [mall] Facts Carswell picketing peacefully at the sidewalk of a mall. Owner of mall said that she would be charged with trespassing if she did not stop. Issue Did the owner of property (mall) have sufficient possession of shopping mall sidewalk to press charges of trespassing? Yes! Owner had the right to exclude tenants as per his private property rights Ratio PP extends into public 11 possession, management & control - exclusive use, right to exclude others Right of exclusivity – the exclusive right to own all the aspects of property in its entirety by the owner Right of excludability – the owners power to exclude others from his property; state-enforce right of exclusion income & capital - to alienate, to consume, waste, or destroy the whole or part of it transfer – inter vivos & on death protection under the law – security against expropriation liability to seizure – exact compensation for debts that may occur