Law - Kelly Owns Case Study - Property Law Assessment Answer

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Property Law Assessment Answer

Assignment Task:

Kelly Owns Case Study -

QUESTION A: You are a newly admitted legal practitioner and Kelly is your first client. She has consulted you for legal advice about her problem. A couple of weeks ago, the following events happened:- Kelly owns real property in downtown Groomsville, a (fictional) town in Queensland. Construction is occurring at the property. Kelly is having renovations made to improve both the commercial office premises and the “granny flat” residence attached to it. The commercial office is let by a business, Fisho’s Bait & Lure Shop Pty Ltd under a written lease for three years. The residence is let to Nicky, a cousin of Kelly.  She informs you that there is no written agreement for that tenancy. Whilst the renovations are occurring, the Fishing Shop has continued to trade, with some areas inaccessible and roped off as “construction site – do not enter”, whilst Nicky has temporarily had to move out, due to Workplace health and safety concerns. As the building work progressed, something outstanding occurred. Paul, a workman employed by her builder, “Easy Build Constructions Pty Ltd” found a rare black opal under a concrete floor slab which was being removed and re-laid.  A second black opal (but slightly damaged) was subsequently found in a wall cavity behind a loose brick in the stockroom. Both of these discoveries were made in the Fishing shop. Paul was excited as the prospect of riches and immediately and thoroughly searched the residence, whilst the other construction workers looked on in surprise at the first and second opals. Paul found a third opal inside a bag sitting on the coffee table in Nicky’s lounge room. It appeared as if that bag had been extracted from the ground, under the house.  The floorboards next to the coffee table had been prised up. Paul found a final fourth opal on top of a timber beam above the main bedroom window. Kelly had been inspecting the works on that day and, upon hearing the commotion with the discovery, she immediately snatched up the first three opals. Paul had since hidden the fourth opal in his work truck, but Kelly stealthily searched and found it inside an unlocked external box fitted to the vehicle. Kelly, now armed with all the opals, informed everyone that the find was hers and dismissed all the workers from the site. The media have now become aware of the issue and given it significant attention in online news feeds. Not only that, “live” news reports are occurring from the site, by way of a television camera on the back of a mounted platform on a news van.  The platform is parked on the street and is extended up level with the highest part of her roof when broadcasts occur and retracted after. This enables footage over the fence and into her backyard. Sometimes a drone has been used, but Kelly isn’t sure if that is the news team’s drone or not.  Kelly is upset with this invasion of her privacy and would like this to stop. Kelly has had the opals valued and they are extremely valuable. She would like to keep them and has placed them in your law firms’ safe custody vault. You have been asked to advise Kelly as to her legal position in relation to the four opals respectively.  Solicitors acting for Nicky, Paul, Fisho’s Fishing & Lure Shop Pty Ltd and Easy Build Constructions Pty Ltd have all written claiming all or some of the opals. Kelly would also like property law advice as to her legal position regarding the steps taken to broadcast her property in the media. Your opinion has been sought as an expert in property law only and you should advise only on that basis.  Therefore, do not advise on any matter outside this ambit unless absolutely essential to your property law advice.  Your Property Law subject Course Content, selected readings, cases, textbooks, and journal articles will guide your answer and you should do more research than the base course material. QUESTION B. Please consider the fundamental elements of Property Law which have been covered in Modules 1, 2, 3 & 4. In particular, consider the common law definition of ‘property’ as has been considered in the course content.  Explain, compare and contrast that definition of the property with an alternate definition of property in either domestic legislation (other than the Property Law Act 1974 (Qld)) or international legislation.  Your alternate definition must have been judicially considered in that another jurisdiction (ie: in simple terms, you need to use case law and perhaps journal articles to support your discussion, not a dry comparison of legislation). You should comment on whether you are of the view that the common law fundamental concepts covered in the course content are consistent or inconsistent with the second body of law you have chosen.  Discuss any major differences or issues which present and clearly explain and distinguish those differences. Higher achieving students will use a practical example to assist in their analysis. Cite case law, legislation and/or journal articles as necessary in your answer. DO NOT simply summarise other Acts or cases. You must correlate the bodies of law stated above in the context of Property Law.

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