Episode 16 - It's Mine, not Yours! Property Law in Context

Law in Context

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You might think the idea of property is straightforward. In a way, it is. Almost anything tangible and many things intangible are capable of being property, under the common law. Even one of our jokes is capable of being property, assuming we actually made it up.
But "property" to a lawyer is not so much about the item in question, but the rights associated with it.
Is the right exclusive, or is it divided up, for example between the landlord who owns the freehold and a tenant who owns a lease?
Has someone else acquired rights over land by continuous use, through the law of prescription?
Has the apparent owner actually lost their rights if contested by someone who has been in exclusive possession of the land, without force, secrecy or permission, for a long period - so-called "squatters' rights"?
In this episode we try to unbundle what the law bundles up, and we end by noting the cultural context of property law, which is based around individuals and particular kinds of uses. This looks ahead to the next episode, on native title, and the question whether and when the common law is capable of recognising the communal use of property by first nations' peoples.

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