XVIII Dec. I 2012 (Property)

The Purpose of this Act is to comprehensively codify laws regarding property, its ownership and acquisition, and the rights of owners in regards to it.

Property is any physical entity that is owned by a person or jointly by a group of people or a legal entity such as a corporation.

In accordance with Article IV, Section A, Paragraph D of the Austenasian Constitution of 2011, the Monarch is sovereign over the Empire of Austenasia. All property is therefore held by the Throne, although in accordance with Paragraph 4 of this same Act, the Monarch shall not in practice be considered the legal owner of any property in Austenasia other than Crown Property. To this extent, an owner may be deprived of property or have their rights of ownership restricted by an Act of Parliament or Imperial Decree, as both need the consent of the Monarch to become law.

There are four types of property: Crown Property, personal property, private property, and public property.

1. Crown Property is (in accordance with Article IV, Section I, Paragraphs A and B of the Austenasian Constitution of 2011) property owned by the Monarch or Throne of Austenasia. The personal and private property of the Monarch shall assume the status of Crown Property upon their ascension to the Throne, and shall (where applicable) revert to its former status upon the Monarch’s loss of the Throne through death or abdication. Crown Property which would be private or personal property should its owner not be Monarch is distinguished from Crown Property owned by the Throne – the latter is held by the Monarch in trust of the Throne, whereas the former shall be treated in regards to the Monarch’s rights of ownership over it as if it were personal or private property (whichever it would be should its owner not be Monarch).

2. Personal property is property (owned by a person other than the Monarch, or jointly by a group of people or a legal entity such as a corporation) which consists of moveable objects such as currency, clothes, furniture, jewellery, household goods, vehicles et cetera. Although some pieces of personal property, such as a car, may have documents confirming the owner, it can generally be assumed that the personal property of somebody comprises of what they have in their possession.

3. Private property is (in accordance with Article IV, Section I, Paragraph D of the Austenasian Constitution of 2011) property (owned by a person other than the Monarch, or jointly by a group of people or a legal entity such as a corporation) which comprises of immoveable objects – that is, land, and any building or part of a building (or any solid physical entity which is attached to the land and cannot be moved from it without resulting in the destruction or alteration of said entity, such as a quarry or orchard) which is upon said land.

4. Public property is (in accordance with Article IV, Section I, Paragraph D of the Austenasian Constitution of 2011) identical to private property as defined in Subsection C of this same Paragraph, except that it is not owned by any person, group of people or legal entity such as a corporation. Public property is the property of the Town Council of the Town in which it is situated only so far in that the relevant Town Council is responsible for maintaining the property through bye-laws in order to prevent infringements on the rights of ownership of the owners of the surrounding land.

Owners of private and personal property have the following exclusive rights of ownership over it, which they may or may not choose to extend and withdraw to and from others:

1. The right to transfer the property to others

2. The right to consume, alter or destroy the property

3. The right to rent, loan, lease or mortgage the property

4. The right to access, possess and use the property

Owners of private property have the following exclusive rights of ownership over it, which they may or may not choose to extend and withdraw to and from others where applicable:

1. The right to use water from a water source such as a well, spring or river located on the land, and the right to capture and use water derived from precipitation falling on the private property

2. The right to mine or otherwise remove minerals found beneath the ground of the private property

3. The right to have the private property be ventilated and sunlit to an appropriate degree.

4. The right to have space above buildings be unrestricted by parts overhanging from an adjoining building.

In regards to Paragraphs 5 and 6 of this same Act, goods derived from or produced by private or personal property are the personal property of the owner of the property from which they were derived from or produced by. Exempli gratia, if a chicken which is the personal property of somebody lays an egg, the egg is the personal property of the owner of the chicken – if a tree which is the private property of somebody produces apples or a mine which is the private property of somebody produces silver, the apples or silver are the personal property of the owner of the tree or mine.

An owner of property may acquire it in one of several ways:

1. Commerce – property is voluntarily transferred from its former owner to its new owner in exchange for an agreed and delivered quantity and (where applicable) quality of goods, currency, information or services.

2. Gift – property is voluntarily transferred from its former owner (the grantor) to its new owner (the grantee). In order for a gift to be legally effective, the grantor must have intended for the grantee to be the new owner of the property. The gift must be delivered if personal property, or, if private property, a tangible item allowing access to the gift (such as a key or deed) must be delivered. The gift must be accepted by the grantee for the transfer of property to take place: acceptance is presumed unless the grantee explicitly rejects the gift, in which case the gift would have to be offered by the grantor again before a transfer of the property could take place via gift from the grantor to the grantee.

3. Adverse possession – private property or public property is involuntarily transferred from its former owner (the disseisee) to its new owner (the disseisor). Should the disseisor continuously, openly and exclusively occupy and use the private property as if it were their own for a period of six months or more without challenge or permission from the disseisee, the disseisor shall become the new owner of the occupied property. The disseisor must have physically possessed and used the land as an actual owner would have done, to the absolute exclusion of the disseisee, and in such a visible and apparent way as would serve notice to any reasonably diligent and observant owner. Should the disseisor not be arrested for trespassing after a period of two weeks of proven continuous occupation of the property has elapsed, they cannot be arrested for trespassing unless they leave the property (without first becoming its owner) and enter it again.

4. Finding of mislaid property – personal property is involuntarily transferred from its former owner to its new owner. Personal property shall be deemed to have been mislaid if it is found in a place where the former owner likely did intend to set it, but then simply forgot to pick it up again. Should the mislaid property be found on public property, the finder of the mislaid property may become the new owner of the mislaid property after six months after finding it if they conducted a bona fide search for and fail to find the owner which mislaid it. Should the mislaid property be found on private property or Crown Property, the finder of the mislaid property has a duty to give the mislaid property to the owner (if private property) or a Crown Steward (if Crown Property) – if the owner which mislaid the property does not return to claim it within six months, if mislaid on private property the owner of the private property shall have the right to become owner of the mislaid property, and if mislaid on Crown Property the respective Crown Steward shall have the right to transfer ownership of the mislaid property to either the Throne or the Monarch (depending on which owned the respective Crown Property).

5. Finding of lost property – personal property is involuntarily transferred from its former owner to its new owner. Personal property shall be deemed to have been lost if it is found in a place where the former owner likely did not intend to set it, and is not likely to find it again. Should the lost property be found on public property or on an area of private property or Crown Property to which the finder of the lost property was explicitly permitted access, the finder of the lost property may become the new owner of the lost property after six months after finding it if they conduct a bona fide search for and fail to find the owner which lost it or a former owner. Should the lost property be found on an area of private property or Crown Property to which the finder of the lost property had not been explicitly permitted access (and had accessed either through implied permission or trespassing), the finder of the lost property has a duty to give the lost property to the owner (if private property) or a Crown Steward (if Crown Property) – if the owner which lost the property does not return to claim it within six months, if lost on private property the owner of the private property shall have the right to become owner of the lost property, and if lost on Crown Property the respective Crown Steward shall have the right to transfer ownership of the lost property to either the Throne or the Monarch (depending on which owned the respective Crown Property).

6. Finding of abandoned property – personal property is transferred from its former owner to its new owner. Personal property shall be deemed to have been abandoned if it is found in a place where the former owner likely did intend to set it, and it is in such condition as to make it apparent that the former owner has no intention of resuming possession of it. Abandoned property shall become the personal property of whosoever should first find and take possession of it.

7. Inheritance – property is transferred from its former owner to its new owner. Personal and private property owned by a person shall (if the deceased does not specify to whom they wish to inherit it, which shall be classified as a gift) upon their death become owned by their spouse; or, if they are not married, the eldest of their children; or, if they have no children, their closest traceable relative – in the event that any of these are under the age of sixteen years, the property shall be held in trust for them by their parents until they reach the age of sixteen years; or, if not applicable, by their closest traceable relative who is above the age of eighteen years. [This subsection has been repealed – see XXIV Jon. I 2014, Paragraph 1]

A trust is a relationship by which one person, group of people or legal entity such as a corporation (the trustee) is in possession of property on behalf of another person, group of people or legal entity such as a corporation (the beneficiary). Trustees have the exclusive right (which they may or may not choose to extend and withdraw to and from others) to possess, access and use the property which they hold a trust over, but have no other rights of ownership over it. The beneficiary holds no rights of ownership over the property held in trust until the trust comes to an end, although they are considered the legal owners of the property. In regards to Paragraph 7 of this same Act, goods derived from or produced by property held in trust are the personal property of the owner of the property from which they were derived from or produced by, but shall be held in trust by the trustee until the trust comes to an end. A trust may be created by a written or oral declaration, by the terms of a will in the case of inherited property, or by the order of the Consuls in the case of a dispute over property being brought to court – the intention to create a trust, the terms of the trust (exempli gratia for how long it will last, and over what property), and the trustee and beneficiary must be made clear.

It is the crime of nuisance (a misdemeanor) to willfully or recklessly engage in continuous activity or cause a continuous state of affairs which result in a substantial and unreasonable interference with a person’s property or their use or enjoyment of that property. If a nuisance has continued for a period of three years or more without being challenged by the person whose property is interfered with, it shall no longer be considered a nuisance in regards to that person (but may still be considered a nuisance if it affects the property of others in a similar way).