property rights

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The right to property or right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for production rather than consumption.A right to property is recognised in Article 17 of the Universal Declaration of Human Rights, but it is not recognised in the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights. The European Convention on Human Rights, in Protocol 1, article 1, acknowledges a right for natural and legal persons to "peaceful enjoyment of his possessions", subject to the "general interest or to secure the payment of taxes".

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  1. J

    WA property purchase agreements, major dispute.

    feeling helpless at the moment concerning a property that we are meant to purchase. In May 2020, we entered into a lease contract with the agreement to purchase the property. In August 2020, we finalised the sale through an offer and acceptance contract that allowed 24 months for purchase. The...
  2. Wildwood

    VIC Defeasible Land Title

    A Criminal with several alias names known to ANZ Bank fraudulently applied for mortgage over our rural property In 2013 & mortgage was registered, he defaulted, bank Attempted to possess & sell our property when we were alerted to what happened. We joined Court proceedings as aggrieved third...
  3. A

    QLD Property Rights - Does Ex Have a Claim?

    Hi, So a long messy saga follows... 9 years ago my husband passed away & I received his full life insurance & his govsuper as a fortnightly pension. I stupidly fell into a relationship 8 months after my husband's death & I now realise I was manipulated by this man during a time when I couldn't...
  4. Nicholas N Chin

    WA Questions on an Easement Dispute - Help?

    I have questions about an Easement Dispute which I brought before SAT, DC, SCWA, COA and finally the HCA. The issue is: There is no exclusivity principle as decided by the judges because the lawyer preparing the conveyance should have documented it in the title deeds or by a separate covenant...
  5. E

    SA Restrictions of property visitors during separation

    I’m just after some advice around a marriage separation where one party has moved away from the marital residence but is demanding for the remaining party to not allow certain people onto the property despite them wanting those people to be allowed there. Does the relocated partner have the...
  6. S

    VIC goods used for security on a loan to a tenant taken by the tenants landlord

    I had an agreement with a company new company that I would pay for the fit out of their showroom. The loan amount was for $170,000 and was secured against the assets purchased With the funds for the fit out. This ensured title of the goods stayed with me and would ben transferred to the company...
  7. P

    QLD strata accom module property rights

    i live in a gated (secure) property rights complex with a manager of about 180 houses there is a strata manager appointed my question is a property owner or real estate agent can rent the properties without notifying the onsite property rights manager so when tenants do the wrong thing they are...
  8. V

    VIC Buying home after separation

    Hello, Posting my first query to the experts here, please help. How long after separation can I buy a property? There was no property at the time of separation and both partners were on full-time jobs. The separation matter is going on (mediation stage) and the child-care agreement is being...
  9. D

    QLD Property Rights on Stolen Horse Float?

    About two years ago, I bought a used horse float. It was a private seller, but I received a receipt. I did a vehicle search on the VIN to confirm that it had not been reported stolen and that it had no liens against it. I completed the transaction and registered the float with QLD Transport...
  10. L

    NSW Ex won't remove property

    My ex (defacto of 6 years) moved out in April 2018 and refuses to participate in property settlement. As such he still shares ownership of the family home that I'm living in and paying off on my own (I'm trying to get funds together to initiate court proceedings to finalise settlement)...