Ch 1 About Property Intro Notes

Finding & Treasure Trove - Finders Keepers Losers Weepers (True owner will always prevail if didn't abandon) EXAM FOCUS: March 14: PQ: went over onto land which said keep out. Tripped and fell. Realised it was fold pendant. The owner was checking his cattle and noticed pendant and claimed it belonged to his great grandfather - trevor. Who is entitled. April 14: PQ : Dominic owns a large farm in Co. Longford. In 2006, he purchased the property next door to his farm which contained an old dilapidated cottage. Dominic used the old cottage to store farm tools and hay bales. During the summer months, he permitted passing holiday-makers to camp in the grounds of the cottage. Hans, one of the campers, decided to explore the cottage one summer afternoon. As he entered the house, he stumbled and got his foot caught inside a rotten floorboard. As he was trying to release his foot, he noticed something shiny at his foot. He discovered a gun (which later turned out to be an old antique) and a large sum of money. He brought the discovery to the attention of the Gardaí, who then proceeded to question Dominic. Dominic, believing that there may be some illegality attached to the gun, denied any knowledge of the find. In the absence of any further evidence, the Gardaí retained the gun for further investigation, but returned the money to Hans. Upon discovering this, Dominic now argues that the money belongs to him. Advise Hans. March 15: similar to problem Q above. Sept 15: PQ similar. Always ask, who has the better title? Is a tunnel on or in? In the land. Reference NZ and AUS cases below. To own something is to control it: the owner of something is the person who acquires the right to control the thing that is owned, and possession is the use and enjoyment of property. This control is manifested through two relationships - the first is the owner's relationship with the thing owned, and the second is the owner's relationship with the reset of the world in relation to the thing that is owned. Ownership and possession can be separated. Attachments Whether or not things attached to the land become part of the land can be of important consideration when property is being sold or when a lease comes to an end. Whether or not something is sufficiently attached to the land for it to be considered maxim " superficies solo credit", meaning " that which is attached to the land becomes part of the land". The test is well established and can be said to consist of the application of 2 questions: a) To what extent is the relevant thing attached to the land? b) What was the intention of the person who attached this thing to the land Leigh v Taylor: concerned a house which had a number of valuable tapestries. The tapestries belonged to a tenant for life. When he died a dispute arose as to the ownership of the tapestries. The court held the tapestries were not affixed to the property with any great permanence. Earl of Halsbury LC held " I can hardly imagine how a piece of tapestry of that extent, stretched against a wall, could be more slightly attached than this was". Court inferred that the tapestries were never intended to become part of the land. Things Above and Below the land "ownership is up to the heavens and down to hell" however this is only an approximation of the truth.  Case law has established that one has the rights in relation to a reasonable amount of airspace over your land but not the airspace "up to heaven".

Buy the full version of these notes or essay plans and more in our Property law Notes.