Question
what is the main argument advanced against private property rights Mike and Sally have sold their house. On the day after the property has settled,
what is the main argument advanced against private property rights
Mike and Sally have sold their house. On the day after the property has settled, they move out and into their new home. They have removed all the curtains and blinds from the property and a freestanding sculpture that sits on a raised podium. The podium cant be removed without damaging the flooring, so they decided to leave the podium in place. A week later, their solicitor contacts them and advises them that the buyers are going to sue them for removing the curtains, blinds and the sculpture. Applying the appropriate legal tests, what is the correct legal position relating to the removal of these items?
Jane and Peter are best friends and purchase a new townhouse as tenants in common (in unequal shares, 30% and 70% respectively). Several years after purchasing the property, Jane and Peter fall in love and get married. They decide to change the ownership structure of the townhouse to joint tenants. They finalise the paperwork and lodge the documents in the Titles Office. On title, the property is now registered as Jane and Peter (Joint Tenants). Unfortunately, Peter dies several months after registration. In his will, he gifts his share in the property to his sister, Mary. Mary doesnt like Jane and tells Jane that she must agree to sell the townhouse so that she can get her share of the estate.
- Explain whether Jane has to comply with Marys request and give half of the property (or value) to her.
- Can Mary move into the townhouse in the meantime?
Thirty years ago, Angus built a shack on a property owned by the Kerns family. The property is a very large wooded area with lots of rabbits and other natural produce. The Kerns family is very wealthy with lots of property interests. The family recently went through a financial crisis and decided to consolidate and sell off some of their property interests. They sold the land in which Angus shack in located to an interstate investor. After settlement, the investor inspected the site and found Angus and his shack. After numerous attempts to force Angus to vacate the property, the investor commenced legal action against Angus for trespass. Does Angus have any rights? Explain your answer.
Penny is sitting in her new apartment one day when she hears dripping in her bathroom. She investigates the dripping to find water coming through the ceiling. Several hours later, the drip intensified to a continuous flow of water into her bathroom. Water has flooded her bathroom and the carpet in her hallway. Penny makes a complaint to the Resident Manager of the building and he engages a contractor to stop the leak. Pennys apartment has sustained significant damage. After much argument between different parties in the building, Penny decides to take action. What type of claim can Penny make and what legal elements need to be satisfied?
Most property-related laws are state and territory responsibility. Explain why this is so
John purchases a large rural property. He decides to build a number of cabins on the property but needs to clear the land first. John hires Peter to pick up rocks from his land and remove them. Peter asked John if once removed, he can keep the rocks and sell them to other people. John doesnt care and agrees. What legal arrangement allows Peter to enter the land for this purpose?
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