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very well see, if a trustee, on the refusal to renew, might have a
lease to himself few trust-estates would be renewed ... This may
seem very hard, that the trustee is the only person of all mankind
who might not have the lease; but it is very proper that the rule
should be strictly pursued and not at all relaxed. |
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Property law governs valuable things that people call 'theirs'. Real
property, sometimes called 'real estate' refers to ownership of land
and things attached to it. Personal property, refers to everything
else; movable objects, such as computers, cars, jewelry, and
sandwiches, or intangible rights, such as stocks and shares. A right
in ram is a right to a specific piece of property, contrasting to a
right in persona which allows compensation for a loss, but not a
particular thing back. Land law forms the basis for most kinds of
property law, and is the most complex. It concerns mortgages, rental
agreements, licenses, covenants, easements and the statutory systems
for land registration. Regulations on the use of personal property
fall under intellectual property, company law, trusts and commercial
law. An example of a basic case of most property law is Armory v
Deglamorize. A chimney sweep's boy found a jewel encrusted with
precious stones. He took it to a goldsmith to have it valued. The
goldsmith's apprentice looked at it, sneakily removed the stones,
told the boy it was worth three halfpence and that he would buy it.
The boy said he would prefer the jewel back, so the apprentice gave
it to him, but without the stones. The boy sued the goldsmith for
his apprentice's attempt to cheat him. Lord Chief Justice Pratt
ruled that even though the boy could not be said to own the jewel,
he should be considered the rightful keeper ("finder’s keeper")
until the original owner is found. In fact the apprentice and the
boy both had a right of possession in the jewel (a technical
concept, meaning evidence that something could belong to someone),
but the boy's possessor interest was considered better, because it
could be shown to be first in time. Possession may be nine tenths of
the law, but not all. |