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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    Incorrect Easement !!

    Hi, My name is Steve. I am in the process of buying a block of land. This block of land has an easement which I was aware of and signed for as part of the contract. Since signing the contract I have had my own survey conducted on the land (owner of land allowed me to carry out survey), and the...
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    QLD Is it illegal to clean random parked cars?

    Hello! I was thinking about the Friends episode where it’s revealed that Monica cleaned a bunch of dirty cars parked in the apartment parking lot. I was wondering if it’s allowed for anyone to just douse water on strangers’ cars and starting cleaning random people’s properties?
  3. M

    VIC Retaining wall defeated and not reinstated

    Hi all Seeking advice regarding this matter. New build with a 0.8m retaining wall between my property and the neighours. I'm the higher property. The neighbour has taken down a section of the retaining wall to build his garage right upto the boundary, I'm not concerned with that. However, to...
  4. D

    Tenants in Common - 1 share holder has loan on property.

    I am a 50/50 share holder of property as 'Tenants in Common'. The other party secured a loan with bank, I agreed to co-guarantee. Due to misleading circumstances by the other party and Bank, I was released from the guarantor by the FOS. The other party defaulted on the loan and the Bank tried...
  5. C

    TAS Off the plan contract

    Hi, Just looking for some advice. If a contract states the following: 4.3 In the event that clauses 4.1(a), (b) and (c) have not been satisfied by the Sunset Date (or as varied by clause 4.4), then the Purchaser may terminate this Agreement and the deposit will be refunded by the Vendor to...
  6. R

    QLD property rights after seperation

    Hi I have a question regarding rights for entering a house after divorce. If my ex wife left me over a year ago, however we're still in the process of settling the property and her name is on the mortgage but i've been the sole person living in the house since the separation, does she have any...
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    NSW What are the Property Rights of Co-owner of Property?

    Hi My ex and I separated 12 months ago but have continued to live in a property we own as joint tenants because we a) thought it would be a good idea to stay in the same house with the dog, and b) we did not foresee any problem in the future. Unfortunately, all has not gone as swell as...
  8. K

    NSW Tenant Breaks Lease During Settlement Period - Property Rights?

    We have an extended settlement period (settlement mid-June) on a residential property purchase. The contract is standard (I don't have it in front of me). The tenant has given notice early with a defence force clause - was due to expire in November anyway. The old owner is putting in a new...
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    VIC Property Rights - Clarification of Deed with Organisation?

    I’ve been doing some voluntary work recently in Victoria. The organisation that I’ve been assisting sent me the below “Deed” recently by email. I have currently not acknowledged it as I believe even just acknowledging the Deed by reply could mean that I agree with it in its entirety. My...
  10. K

    WA Property Rights - Forcing a Sale of Property?

    I am living with my husband and two kids, My husband and I have agreed that our marriage is over (husband has a range of mental health issues). My husband is drip feeding me money as I don't work. Meanwhile, bills are piling and I feel controlled - amongst many other emotions (given his mental...