South Pacific Property Law

by Farran; Sue

• ISBN13: 9781859416600
• ISBN10: 1859416608
• Format: Nonspecific Binding
• Copyright: 2004-01-06
• Publisher: Cavendish Pub Ltd

Summary

This book is a treasury of law relating to many different types of property in the South Pacific region. This region is one of cultural diversity, economic development and strong tradition. While land remains of key significance, other forms of property, ranging from custom property to intellectual property, are also important. Encompassing the legal systems of over a dozen independent countries together with cross references to property law derived from the common law and customary law of Australia, New Zealand and North America, as well as the common law of England, the authors bring together a wealth of diverse and scattered sources to present a coherent picture of the law of property as it exists today. The book also offers some thoughts on the challenges and legal difficulties facing the region as its people and economies evolve.

Table of Contents

Acknowledgments	vi
Table of Cases	ix
Table of Legislation	xxiii
Table of Abbreviations	xxxvi
Glossary of Terms	xxxvii
Introduction	xxxix
What is Property Law?	1	(24)
Introduction	1	(1)
Defining property	1	(1)
Property as things	1	(1)
Property as rights	2	(4)
What rights are there?	6	(12)
The temporal division of rights	18	(7)
Conclusion	23	(2)
Ownership	25	(26)
Introduction	25	(1)
What is ownership?	25	(3)
Individual ownership and co-ownership	28	(3)
Unconditional ownership and conditional ownership	31	(2)
Prerogative ownership of land by Crown or State and substantive ownership of land by estate holders and customary landowners	33	(10)
Legal ownership and equitable ownership of property	43	(4)
Original ownership and derivative ownership	47	(4)
Conclusion	49	(2)
Possession and Occupation	51	(30)
Introduction	51	(1)
Possession of land	52	(14)
Possession of chattels	66	(13)
Possession of incorporeal property	79	(2)
Conclusion	80	(1)
Special Interests in Property	81	(24)
Introduction	81	(1)
Liens and mortgages	81	(9)
Mesne profits and profits a prendre	90	(3)
Easements	93	(4)
Covenants	97	(4)
Burial rights	101	(1)
Ritual or symbolic rights and taboos	102	(3)
Conclusion	104	(1)
Management of Property	105	(1)
Introduction	105	(1)
Persons or legal entities who can manage properties	105	(16)
Kinds of uses of property	121	(8)
Conclusion	129