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Property Law Homework Help

Property law refers to a set of rules that govern various forms of tenancy and ownership both in personal property and in real property. According to the law, there are two types of property: movable property and immovable property. Movable property refers to personal property that can easily be transferred from one place to another. On the other hand, immovable property refers to real estate property and its rights and obligations.

Transferring property ownership from one person or organization to another is done through either the operation of law or the involved parties' Act. For instance, in the case of property transfer that involves a Will, or Inheritance, the Operation of Law is all that needs to be adhered to. Such ownership is not considered a transfer by the Act of parties because the transfer process is automatic, and the transferor is already deceased.

The person who transfers the property owner's legal rights is the "Transferor," while the one who receives the legal rights of ownership is the "Transferee."

Property Law in Australia

Property law in Australia is overseen and enforced by the Legal Practice Section of the Australian Property Law Group under the Law Council of Australia.

The group avails a platform for real property lawyers to discuss national-level property issues and look into the practitioners' interests in the vital areas of property law.

  • The main objectives of the Australian Property Law Group include:
  • Spearheading interest at the national level in real property law issues.
  • The group promotes and advocates for the unification of federal property laws.
  • It helps its members develop skills and a handful of knowledge concerning the practice of real property law.
  • The group supports for and facilitates the development of uniform conveyancing procedures and national systems.

The Australian Property Law has led to the establishment of sub-committees in the States in a bid to encourage discussion and ensure there is a smooth flow of information. These committees strive to foster good working relationships with the State Law Society and Industry bodies such as the Australian Registrars of Title, the Australian Property Institute, and the Property Council of Australia. To ensure the committees do not duplicate or conflict activities at either the Federal or State levels, constant liaisons have been put in place.

Property Law in the U.S

The property law in the U.S is anchored on the principles;

  • In case of transfer of ownership, the property to be transferred must be transferable. This means that the transfer of property does not include the transfer of non-existent property or the future.
  • It is a requirement by the U.S property law that the transferor must have attained the majority age of 18 years, have a sound mind, and that his property transfer adheres to the law.
  • Property ownership transfer must adhere to the relevant Act. Ownership transfer must be documented on an official transfer instrument such as the "Conveyance Deed."
  • In house renting, the U.S property law allows the landlord and the tenant to negotiate on rent freely. However, this law exempts four states, including California, Washington D.C, New Jersey, and New York.
  • The U.S property law has two main tenancy agreements. These agreements are the lease agreement and the rental agreement.

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