Introduction

In Topic 2 we begin by considering how property is classified and some particular terminology used in property law. We first consider the nature of land boundaries and within this we examine what property rights a landowner may claim and enforce in relation to air space above the surface of land. We then examine the nature of property rights in subsoil. In this section we will see that through legislation minerals in sub-soil are dealt with differently. We next consider the doctrine of fixtures, where personal property (chattels) can become part of land according to property law and also can subsequently revert back to being identified as personal property. This then follows with a discussion of land boundaries by adjoining property owners including land bounded by water. We then consider encroachments onto land and the relevant legislation regarding this in Queensland. The topic concludes with a brief discussion of the law governing the merging of different items of personal property. Throughout this topic the non-static and potentially dynamic nature of property emerges and the extent and limits of landownership is reinforced.

Reading:

B Edgeworth, C Rossiter, P O’Connor and A Godwin, Sackville & Neave Australian Property Law, 10^th ed, LexisNexis Butterworths Australia, 2016. [APL] Ch 1 [ 1.67-1.112]

L-L Cameron-Dow, LexisNexis Questions and Answers Property Law, 3^rd ed, LexisNexis Butterworths Australia, 2017. [PLQ&A] Ch 11

Objectives

After studying Topic 2 you should be able to:

• Understand the classification of property and specific terminology used in property law;
• Appreciate the nature of boundaries of land including property rights in relation to ownership of airspace and soil;
• Critically evaluate the doctrine of fixtures both in its historical context and as it should be applied today;
• Appreciate how land boundaries between adjoining land owners including how encroachments upon land are regulated by the Property Law Act 1974 (Qld);
• Understand how land bounded by water is regulated by law and the impact of the Land Act 1994 (Qld); and
• Explain the law in relation to merging of different items of personal property.

Summary

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Tutorial

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Version

This unit was last updated on 04.03.2019