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Tracing claims have two key advantages to claimants. Firstly, they are a proprietary remedy (as opposed to a simple personal claim) which means that, if the defendant is insolvent, then the claimant can take title to the goods, rather than just receiving an award of damages which may be of little value against a defendant in bankruptcy.
Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner, and may even be effective in connection with disputed transfers of ownership. Proprietary estoppel transfers rights if someone is given a clear assurance that they will acquire a right over ...
In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment.However, many legal systems courts recognize that once someone has occupied property without permission for a significant period of time without the property owner exercising their right to recover their property, not only is the original owner ...
Proprietary estoppel is closely related to the doctrine of constructive trust. [20] Fry J summarized the five elements for proprietary estoppel as: [23] the claimant made a mistake as to his legal rights (typically because the actual owner attempted to convey the property, but the transfer is invalid or ineffective for some reason);
In most legal systems, the need for perfection arises only in relation to security interests that are proprietary in nature (such as a mortgage or equitable charge). Other arrangements which constitute security in the loose sense of the word – for instance, title retention arrangements , hire purchase , and leasing transactions – need not ...
A controversial bill that initially aimed to ban all property ownership by Chinese citizens in Texas won't be moving forward.. A watered-down version of the bill passed the Senate last month and ...
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In common law jurisdictions, exclusive rights have often been the codification of pre-existing social norms with regard to land or chattels.. In the UK case of RCS v Pollard [1983], Ch 135, a claim by the legal owners of an exclusive right in relation to the records of the singer Elvis Presley against a seller of unofficial recordings was lost because selling the unofficial recordings did not ...