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Questions and Answers
What type of property is described as including lands, tenements, and rights in land according to the relevant legal definitions?
Which of the following best distinguishes conveyance from a will in terms of legal definitions?
In the context of property law, what does the term 'special property' refer to?
According to the Conveyancing Act 1881, which of the following is NOT included in the definition of property?
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What aspect of property law is primarily concerned with the dynamic process of creating and transferring rights?
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What is a defining characteristic of a deed poll?
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Which of the following statements accurately differentiates a deed from a contract of sale?
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What is the primary purpose of a supplementary deed?
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Which type of deed binds two or more persons?
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Which of the following factors is essential for the validity of any deed?
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Study Notes
Property and Property Law
- Property refers to interests less than ownership, conferring certain rights (e.g., "special property" in pledged items).
- Property law regulates relationships between individuals and their possessions, ensuring secure acquisition, enjoyment, and disposal of assets.
- Property can be tangible (physical assets like land) or intangible (rights protected by copyright).
- Section 2(1) of the Conveyancing Act 1881 defines "property" broadly, encompassing real and personal property, interests, debts, and rights.
Conveyance
- Conveyance involves the practical application of real property law, creating and transferring rights in land.
- Distinction exists between static real property law (rights and liabilities) and dynamic conveyancing practice.
- Conveyancing transactions can include land sales, leases, and mortgages.
- A Will is considered non-conveyance because it is ambulatory, while conveyances operate inter vivos (during life).
Deeds
- A deed is a formal document that transfers interest in property or obligates action.
- Essential factors for a valid deed: must be signed, sealed, and delivered.
- Differentiate a deed from a contract of sale; a contract binds upon exchange, while a deed binds upon delivery.
Types of Deeds
- Deed Poll: Executed by one person; binds only the granter (e.g., Power of Attorney).
- Deed Indenture: Involves multiple parties; binds all parties (e.g., mortgage agreements).
- Supplementary Deed: Amends or rectifies existing deeds to correct errors or modify agreement terms; can be enforced in court if one party refuses to rectify.
Uses and Requirements for Deeds
- Conveyance of property interests and binding obligations are primary uses.
- Signing is crucial; an unsigned deed is inadmissible as evidence.
- Illiterate or blind persons require special attestation when signing.
Execution of Deeds
- A deed takes effect upon delivery, indicating an intention to transfer title, regardless of the document's date.
- Delivery signifies the transfer of interest, not physical possession of the deed.
- Delivery can be established by placing the deed in the grantee's control, fulfilling evidential requirements for the transaction.
Covenant of Title
- The covenant on title assures that the assignor holds rightful ownership of the property.
- It includes obligations determined by the assignor's capacity (e.g., as beneficial owner, trustee).
- Implied covenants under relevant statutes protect the interests of the assignee.
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Description
Explore the nuances of property law, focusing on the rights conferred by ownership and the regulation of relationships between individuals and their belongings. This quiz will cover essential definitions and principles that form the backbone of property law, helping you understand how property may also imply varying levels of interest and ownership.
