Property Law

Property Law

The Issues Involved in the Scenario

The provided issue revolves around the property rights which is jointly owned by Angelina and Brad. They both decided to let Brad's aunt live with them by asking her to sell her house and contribute about in their house. Besides that Brad's dad had also contributed initially in the house buying initiative taken by them. the problem in the case lies between the ownershiop and remedies to appropriate to the scenario. The scenario gets different when Angelina and Brad get separate and he start living with Jennifer. In some incident Brad dies and his will shows that Jennifer and his kids are liable to have house amount. Knowing that Jennifer start forcing Angelina to sell the house but she does not agree and claims to be the joint owner of the house. Property law is the body of law that establishes the rules governing ownership rights over scarce resources. Ownership rights are multifaceted often referred to as a “bundle of rights” but in general such rights encompass three broad areas of control over a specific resource: the right to exclude (the ability of the owner to prevent others from using the resource), the right to use (the ability of the owner to use the resource in the manner he or she sees fit), and the right to transfer (the ability of the owner to assign ownership rights to the resource to another). The economic analysis of property law is primarily concerned with the effect of various property rules on the allocation of resources and whether such effects conform to the economic concept of efficiency. Equity issues are also addressed but to a lesser degree.

Ownership rights to a resource grant to the owner the ability to exclude others from using the resource. In contrast, an open-access resource, often labeled common property, is one that an individual has a right to use but cannot exclude others from using. The ability to exclude is probably the most commonly associated aspect of ownership “that's mine; you can't use it.” A derivative power of the excludability right is that the owner can determine which other persons can use the property, either now or in the future, via some form of permission, such as a rental or licensing agreement.

Possible Remedies Available to Brad

In the given scenario brad is having the possession of the joint along with Angelina so the case of possessoion can be applied to both of them. The concept of possession developed from a legal system whose main concern was to avoid civil disorder. The general principle is that a person in possession of the land or goods, even when an offender is allowed to act against anyone who interferes possession unless the person can demonstrate involvement of the right superior to do so.

In the UK, act of torts (interference with goods) in 1977 significantly changed the law regarding wrongful interference with goods and abolished some remedies and doctrines of long standing. Being the possession of a factual ...