Ownership

Trespass to Goods

Intangible Property Most intangible property rights are so-called “choses in action”. A chose in action is a right asserted by legal action. The classic type of chose in action is a debt or an incontrovertible contractual obligation.… Read the rest

Title Issues

Title Conflicts in Relation to Goods The general position is that a person cannot give title unless he has title; only the “true” owner may dispose of the goods. This is expressed in the Latin phrase Nemo Dat Quod Non Habet; no person may give what he does not have.… Read the rest

Title by Estoppel

Title & Possession

Title / Ownership of Goods Title refers to ownership. The owner is said to have title.A property right gives the right to assert possession, control and ownership of something, which holds valid as against all persons.… Read the rest

Real v Personal

Real / Immovable v Personal / Movable Property I Traditionally, the law distinguished between real and personal property. Until the 1950s, different rules applied to the transfer of real property and personal property on death. Real property referred principally to freehold land, while personal property referred to all other interests, including leasehold interests and movables.… Read the rest

Overview

Personal Property Personal property is distinguished at common law from real property. The importance of the distinction has reduced over time. Prior to 1959, there were different rules on succession for each type of property, which had profound consequences.… Read the rest

Acquiring Title

New Goods When a product is manufactured or created, a new ownership/ title comes into existence. The components / ingredients which have been incorporated and lost their identity, cease to be owned or possessed separately. The components cease to have a separate title, once their identity is subsumed in that of the new product.… Read the rest

Absolute Bill of Sale

Bills of Sale The Bill of Sales Act is intended to prevent persons obtaining credit on the basis of their apparent ownership of goods, which they do not in fact own. The legislation is in some aspects narrow, but in other ways has wide application and great practical significance.… Read the rest