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Labour administration

Labour administration is defined by ILO Convention No. 150 as "public


administration activities in the field of national labour policy." It is an essential tool
at the disposal of governments in fulfilling their responsibilities towards social
issues. International labour standards are usually applied through national law
and policy. It is therefore vital that each country maintain a viable and active
labour administration system responsible for all aspects of national labour policy
formulation and implementation. Besides promoting labour administration
systems in a variety of forms, ILO standards at the same time promote the
collection of labour statistics, which are invaluable in identifying needs and
formulating labour policy, at both national and international levels. While labour
administrations exist in most countries around the world, many of them face
financial and material difficulties. Adequate financing of labour administration
systems is therefore necessary in order to maintain and strengthen this important
tool for development.

Planning permission and building controls


If you are building or altering commercial premises, or changing the way you use
them, there’s a fair chance that you will need planning permission or building
consent – or both. Making the right applications and ensuring that you have any
necessary approvals helps you avoid making a very costly mistake.

Planning permission
Planning permission is generally required for most new building projects,
significant alterations to commercial premises or changing the type of business
carried out at your commercial premises. Internal alterations and small external
changes (such as putting up a low fence) do not normally require planning
consent, though there are more stringent rules for listed buildings and in
conservation areas.

If you are unsure whether you need planning approval, you can ask your local
authority for informal planning advice. You can also apply formally for a lawful
development certificate, confirming that planning permission is not required for a
proposed use or development.

To apply for planning permission, you will have to send a planning application
form and fee to your local authority. The planning application will be considered
against local planning policies and any objections received from the public. You
will normally want to take professional advice to help prepare plans that are likely
to be acceptable and to negotiate the planning process.

Planning approval may be granted outright, conditions may be applied (such as


restricting the hours of use of business premises) or a planning application may
be rejected. You can negotiate minor objections, submit a new application taking
into account concerns raised by the local authority or appeal a decision that goes
against you.

Carrying out a building project without planning permission can be disastrous.


Although you may be able to apply for retrospective planning approval, you could
face refusal and a requirement to demolish unapproved premises or cease
activities that are not permitted.

Building regulations
Under the building regulations, you normally require building consent for major
building works: for example, new construction, significant extensions or structural
alterations. Changing the use of premises can also require building control
approval: for example, to ensure that the building meets relevant fire safety
requirements.

The ‘building regs’ also apply to some specific types of work such as the
installation of a gas boiler. In these cases, building consent is not required
provided that the work is carried out by an appropriate registered professional
(such as a Gas Safe engineer).

You can get informal advice from your local authority on whether building control
approval is required for your development. If it is, you make an application
together with a fee based on the value of the works being carried out. The local
authority can approve, reject or impose conditions on the project. In addition, the
building works will be regularly visited by an inspector to ensure that they are
properly carried out.

As with planning permission, going ahead without building approval can be very
risky. You could face an order to demolish unsafe alterations or experience
problems selling the premises, for example.

There are two types of property: real property and Personal Property. Most
of the legal concepts and rules associated with both types of property are
derived from English Common Law. Modern law has incorporated many of
these concepts and rules into statutes, which define the types and rights of
ownership in real and personal property.

Personal property, also referred to as movable property, is anything other


than land that can be the subject of ownership, including stocks, money,
notes, Patents, and copyrights, as well as intangible property.

Real property is land and ordinarily anything erected on, growing on, or
affixed to it, including buildings and crops. The term is also used to declare
any rights that issue from the ownership of land. The terms real
estate and real property generally refer to land. The term land, in its
general usage, includes not only the face of the earth but everything of a
permanent nature over or under it, including minerals, oil, and gases. In
modern usage, the word premises has come to mean the land itself or the
land with all structures attached. Residential buildings and yards are
commonly referred to as premises.

The difference between real property and personal property is ordinarily


easily recognizable. The character of the property, however, can be
altered. Property that is initially personal in nature becomes part of realty by
being annexed to it, such as when rails are made into a fence on land.

In certain cases, however, the intention or agreement of the parties


determines whether property that is annexed retains its character as
personal property. A Landlord and Tenant might agree that the new lighting
fixture the tenant attaches to the ceiling of her dwelling remains the tenant's
property after the expiration of the lease.

Property may be further classified as either private or public. Private


property is that which belongs to one or more persons. Public property is
owned by a country, state, or political subdivision, such as a Municipal
Corporation or a school district.

Personal Property

Personal property can be divided into two major categories: tangible and
intangible. Tangible property includes such items as animals, merchandise,
and jewelry. Intangible property includes such rights as stock, bonds,
patents, and copyrights.

Possession Possession is a property interest under which an individual to


the exclusion of all others is able to exercise power over something. It is a
basic property right that entitles the possessor to continue peaceful
possession against everyone else except someone with a superior right. It
also gives the possessor the right to recover personal property (often called
chattel) that has been wrongfully taken and the right to recover damages
against wrongdoers.

To have possession, an individual must have a degree of actual control


over the object, coupled with an intent to possess the object and exclude
others from possessing it. The law recognizes two types of possession:
actual and constructive.

Actual possession exists when an individual knowingly has direct physical


control over an object at a given time. For example, an individual wearing a
particular piece of jewelry has actual possession of it. Constructive
possession is the power and intent of an individual to control a particular
item, even though it is not physically in that person's control. For example,
an individual who has the key to a bank safe-deposit box, which contains a
piece of jewelry that she owns, is said to be in constructive possession of
the jewelry.

Lost, Mislaid, and Abandoned Property Personal property is considered


to be lost if the owner has involuntarily parted with it and does not know its
location. Mislaid property is that which an owner intentionally places
somewhere with the idea that he will eventually be able to find it again but
subsequently forgets where it has been placed. Abandoned property is
property to which the owner has intentionally relinquished all rights.
Lost or mislaid property continues to be owned by the person who lost or
mislaid it. When a person finds lost goods, the finder is entitled to
possession against everyone with the exception of the true owner.

The finder of lost articles on land belonging to someone else is entitled to


possession against everyone but the true owner. However, if the finder of
the misplaced goods is guilty of Trespass, she has no right to possess the
goods. The owner of the place where an article is mislaid has a right to the
article against everyone else but the true owner. Abandoned property can
be possessed and owned by the first person who exercises control over it
with an intent to claim it as his own. In any event, between the finder of a
lost, mislaid, or abandoned article and the owner of the place where it is
found, the law applies whatever rule will most likely result in the return of
the article to its rightful owner.

Ordinarily when articles are found by an employee during and within the
scope of her employment, they are awarded to the employer rather than to
the employee who found them.

Treasure trove is any gold or silver in coin, plate, or bullion that is hidden by
an unknown owner in the earth or other private place for an extended
period. The property is not considered treasure trove unless the identity of
the owner cannot be determined. Under early common law, the finder of a
treasure trove took title to it against everyone but the true owner. The U.S.
law governing treasure trove has been merged, for the most part, into the
law governing lost property. In the absence of a contrary statutory
provision, the title to treasure trove belongs to the finder against all others
with the exception of the true owner. If there is a controversy as to
ownership between the true owner and the state, the owner is entitled to
the treasure trove.

Confusion and Accession Confusion and Accession govern the


acquisition of, or loss of title to, personal property by virtue of its being
blended with, altered by, improved by, or commingled with the property of
others. In confusion, the personal property of several different owners is
commingled so that it cannot be separated and returned to its rightful
owner, but the property retains its original characteristics. Any fungible
(interchangeable) goods, such as grain or produce, can be the subject of
confusion.
In accession, the personal property of one owner is physically integrated
with the property of another so that it becomes a constituent part of it,
losing any separate identity. Accession can make the personal property of
one owner become substantially more valuable chattel as a result of the
work of another person. This occurs when the personal property becomes
an entirely new chattel, such as when grapes are made into wine or timber
is made into furniture.

Subject to the doctrine of accession, personal property can become real


property through its transformation into a fixture. A fixture is a movable item
that was originally personal property but has become attached to, and
associated with, the land and therefore is considered a part of the real
property. For example, a chandelier mounted on the ceiling of a house
becomes a fixture.

Bailments A Bailment is the rightful temporary possession of goods by an


individual other than the true owner. The individual who entrusts his
property into the hands of another is called the bailor. The person who
holds the property is called the bailee. Ordinarily, a bailment is made for a
designated purpose upon which the parties have agreed. For example,
when a person pawns a diamond ring, she is the bailor and the pawnshop
operator is the bailee. The pawnshop owner holds the ring for an agreed
period as security on the loan to the bailor. The bailor is entitled to recover
possession of the ring by paying back the loan within the time period. If the
bailor fails to pay back the loan in time, the bailee gains ownership of the
ring and may sell it.

A bailment differs from a sale, which is an intentional transfer of ownership


of personal property in exchange for something of value, because a
bailment involves only a transfer of possession or custody, not ownership.

Bona Fide Purchasers The basic common-law principle is that an


individual cannot pass better title than she has and a buyer can acquire no
better title than that of the seller. Because a thief does not have a title in
stolen goods, a person who purchases from the thief does not acquire title.

A bona fide purchaser is an individual who has bought property for value
with no notice of any defects in the seller's title. If a seller indicates to a
buyer that she has ownership or the authority to sell a particular item, the
seller is estopped (prevented) from denying such representations if the
buyer resells the property to a bona fide purchaser for value without notice
of the true owner's rights. At common law, such an Estoppel did not apply
when an owner brought an item for services or repairs to a dealer and the
dealer wrongfully sold the chattel. The bona fide purchaser, however, was
subsequently protected under such circumstances by the Uniform
Commercial Code, which was adopted in all states.

A buyer who induces a sale through fraudulent representations acquires


a Voidable title from the seller. A voidable title may be vacated at the
seller's option, upon discovery of the buyer's Fraud. The seller has the
authority to transfer good title to a bona fide purchaser for value without
notice of the outstanding Equity.The voidable title rule is only applicable in
situations where the owner is induced to part with title, not merely with
possession, as a result of fraud or deception.

Real Property

In the United States, every state has exclusive jurisdiction over the land
within its borders. Each state has the power to determine the form and
effect of a transfer of real property within its borders. Modern statutes have
eliminated much traditional concern over the proper conveyancing of real
property. In modern real estate law, real property can be conveyed by a
deed, with the intention of the person conveying the property, the grantor,
that the deed take effect as a conveyance. The deed must be recorded to
give notice as to who legally holds title to the property.

Estates in Real Property

In real property, an estate is the degree, nature, and extent of an


individual's ownership in real estate. Several types of estates govern
interests in real property. These interests include freehold estates,
nonfreehold estates, concurrent estates, specialty estates, future interests,
and incorporeal interests.

Freehold Estate A freehold estate is an estate in real property that is of


uncertain duration. An individual who is in possession of a freehold estate
has seisin, which means the right to immediate possession of the land. The
two basic types of freehold estates in the United States are the fee simple
absolute and the life estate. The fee simple absolute is inheritable; the life
estate is not.
A fee simple absolute is the most extensive interest in real property that an
individual can possess because it is limited completely to the individual and
his heirs, assigns forever, and is not subject to any limitations or conditions.
The person who holds real property in fee simple absolute can do whatever
he wants with it, such as grow crops, remove trees, build on it, sell it, or
dispose of it by will. The law views this type of estate as perpetual. Upon
the death of the owner, if no provision has been made for its distribution,
the owner's heirs will automatically inherit the land.

A life estate is an interest in property that does not amount to ownership


because it is limited by a term of life, either of the individual in whom the
right is vested or some other person,

or it lasts until the occurrence or nonoccurrence of an uncertain event. A


life estate pur autre vie is an estate that the grantee holds for the life span
of another person. For example, the grantor conveys the property "to
grantee for the life of A."

A life estate is usually created by deed but can be created by a lease. No


special language is required provided the grantor's intent to create such an
estate is clear. The grantee of a life estate is called the life tenant.

A life tenant can use the land, take any crops from it, and dispose of his
interest to another person. The life tenant cannot do anything that would
injure the property or cause waste. Waste is the harmful or destructive use
of real property by an individual who is in rightful possession of the
property.

The life tenant has the right to exclusive possession subject to the rights of
the grantor to enter the property to determine whether waste has been
committed, collect any rent that is due, or make any necessary repairs.

A life estate is alienable; therefore, the life tenant can convey her estate.
The grantee of a life tenant would thereby be given an estate pur autre
vie because the death of the life tenant would extinguish the grantee's
interest in the land. The life tenant is unable, however, to convey an estate
that is greater than her own.

Nonfreehold Estates Nonfreehold estates are property interests of limited


duration. They include tenancy for years, a tenancy at will, and a tenancy at
sufferance. This type of estate arises in a landlord and tenant relationship.
In such a relationship, a landlord leases land or premises to a tenant for a
specific period, subject to various conditions, ordinarily in exchange for the
payment of rent. Nonfreehold estates are not inheritable under the common
law but are frequently assignable.

A tenancy for years must be of a definite duration; that is, it must have a
definite beginning and a definite ending. The most common example of a
tenancy for years is the arrangement existing between a landlord and a
tenant, where property is leased or rented for a specific amount of time.

A tenancy from year to year, also called tenancy from period to period, is of
indefinite duration. The lease period is for a definite term that is renewed
automatically if neither party signifies an intention to terminate the tenancy.
This is a common arrangement for leasing business office space or for
renting a house or apartment.

A tenancy at will is a rental relationship between two parties that is of


indefinite duration because either party may end the relationship at any
time. It can be created either by agreement or by failure to effectively
create a tenancy for years. A tenancy at will is not assignable and is
categorized as the lowest type of chattel interest in land.

A tenancy at sufferance is an estate that ordinarily arises when a tenant for


years or a tenant from period to period retains possession of the premises
without the landlord's consent. This type of interest is regarded as wrongful
possession. In this type of estate, the tenant is essentially a trespasser
except that her original entry onto the property was not wrongful. If the
landlord consents, a tenant at sufferance may be transformed into a tenant
from period to period, once the landlord accepts rent.

Concurrent Estates A concurrent estate exists when property is owned or


possessed by two or more individuals simultaneously. The three basic
types are Joint Tenancy, Tenancy by the Entirety, and Tenancy in
Common.

Joint tenancy is a type of concurrent relationship whereby property is


acquired by two or more persons at the same time and by the same
instrument. A common example is the purchase of property, such as a
house, by two individuals. The deed conveys title to "A and B in fee
absolute as joint tenants." The main feature of a joint tenancy is the Right
of Survivorship.Ifany one of the joint tenants dies, the remainder goes to
the survivors, and the entire estate goes to the last survivor.

A tenancy by the entirety is a form of joint tenancy arising between


a Husband and Wife, whereby each spouse owns the undivided whole of
the property, with the right of survivorship. It is distinguishable from a joint
tenancy in that neither party can voluntarily dispose of his interest in the
property.

A tenancy in common is a form of concurrent ownership in which two or


more individuals possess property simultaneously. The individuals do not
own an undivided interest in the property, but rather each individual has a
definable share of the property. One of the tenants may have a larger share
of property than the others. There is no right of survivorship, and each
tenant has the right to dispose of his share by deed or will.

Specialty Estates Specialty estates are property interests


in Condominiums and Cooperatives. Condominium ownership, which was
introduced in the United States in 1961 and grew in popularity, allows
separate ownership of individual apartments or units in a multiunit building.
The purchaser becomes the owner of a particular unit and of a
proportionate share in the common elements and facilities.

In cooperative ownership, the title to a multiunit building usually is vested in


a corporation. The purchaser of an apartment in the building buys stock in
the corporation, receiving a stock certificate and a lease to the apartment.
As a stockholder, each cooperative member has an ownership interest in
the corporation, which owns all the units and common areas. Each tenant
pays to the corporation a fixed rent, which is applied to a single building
mortgage and a real estate tax bill for the entire building, as well as to
insurance premiums and maintenance costs.

Future Interests Future interests in real property are property rights that
are not yet in existence. The privilege of possession will come into being at
a designated future time. There are five basic kinds of future interests: the
reversion, possibility of reverter, right of reentry for condition broken (also
known as power of termination), executory interest, and remainder.

A remainder is a good example of a future interest. Remainders are


subdivided into two principal categories: contingent remainders and vested
remainders. A contingent remainder is based on something happening in
the future. For example, Tom owns Blackacre in fee simple. While Bob and
Jane are alive, Tom conveys Blackacre to Bob for life, with a remainder to
the heirs of Jane. The heirs of Jane are not yet known, so they have a
contingent remainder.

A vested remainder is a future interest to an ascertained person, with the


certainty or possibility of becoming a present interest subject only to the
expiration of the preceding property interests. If Tom owns Blackacre in fee
simple and conveys Blackacre to Bob for life and then to Jane in fee
simple, Jane has a vested remainder in fee that becomes a present interest
upon the death of Bob. She simply has to wait for Bob's death before
assuming a present interest in Blackacre.

Incorporeal Interests Incorporeal interests in real property are those that


cannot be possessed physically because they consist of rights of a
particular user or authority to enforce various agreements as to use. They
include EASEMENTS, covenants, equitable servitudes, and licenses.

Easements are rights to use the property of another for particular purposes.
A common type of easement in current use is the affirmative grant to a
telephone company to run its line across the property of a private
landowner. Easements also are used for public objectives, such as to
preserve open space and conserve land. For example, an easement might
preclude someone from building on a parcel of land, which would leave
such property open, thereby preserving a park for the public.

Possession

Possession is a property right or interest through which one can exercise


dominion or control over something to the exclusion of all others. The
owner of real property has the right to exclusive possession of her land,
which includes the airspace above and the space below the surface within
the exterior boundaries of the property.

An owner of real property is not entitled to possess all space above her
land outward to infinity but has the right to be free from those intrusions into
the space that would interfere with the reasonable occupation and Quiet
Enjoyment of the surface. A landowner, therefore, owns as much of the
space above the ground as he can possess or use in connection with the
land.
Possession of property adverse to the rights of the true owner results in
acquisition of title by the possessor under the doctrine ofAdverse
Possession. The doctrine is based upon statutes that limit the time for
recovery of property, thereby operating as a bar to one's right to recover
property that has been held adversely by another for a specified length of
time. For example, if A builds a fence two feet inside B's property and B
fails to take legal action to have the fence removed during the specified
time period, A will acquire title to the property that the fence encroached.

Eminent Domain and Zoning

Governments have the right to acquire privately owned land through the
exercise of the power of Eminent Domain. Eminent domain is the right or
power of a unit of government or a designated private individual to take
private property for public use following the payment of a fair amount of
money to the owner of the property. The Fifth Amendment to the U.S.
Constitution states, "nor shall private property be taken for public use,
without just compensation." The theory behind eminent domain is that the
local government can exercise such power to promote the General
Welfare in areas of public concern, such as health, safety, or morals.

Government may control how real property is used. Zoning is the regulation
and restriction of real property by a local government. The most common
form of land use regulation, zoning involves the division of territory based
on the character of land and structures and their fitness for particular uses.
Municipalities use zoning to control and direct the development of property
within their borders, according to present and potential uses of the
property. Consideration is given to the conservation of property value and
the most appropriate use of the land.

 Unlimited in point of duration Ownership


can thus be described as the entirety of the
powers of use and disposal allowed by law,
limited only by the rights which have been
detached from it Unrestricted in point of
disposition  Indefinite in point of user
Property Law

 Over a determinate thing Continued


…………. The right is available against the
whole world (jus in rem)  According John
Austin Ownership is said to exist when 
Juristically the term Property is used
synonymously with the right of ownership.
The most comprehensive and supreme right
that can be exercised over anything. 3.

Property Law

 actionable claims and money Continued


…………………………………. Sale of
Goods exclude  Stocks, shares , growing
crops, grass and things attached to or
forming part of land which are agreed to be
severed before sale or under the contract of
sale  Sale Of Goods include  Dealt with
by the Sales of Goods Act  Not a subject
of perpetual or uniform enjoyment  Liable
to be consumed or destroyed in usage 
Transitory  Moveable  Moveable and
immovable  Categories of property 4.
Property Law

 copy rights and patents Intangible  It


must necessarily be corporeal  Tangible 
Tangible and intangible  Dealt with by the
Transfer of Property Act  Capable of
perpetuity  Indestructible  Immovable 5.
Property Law

 Section 4(3) An agreement to sell


stipulates that where the transfer of property
is to take place at a future time or subject to
some condition thereafter to be fulfilled is an
agreement to sell Section 4(1) A contract
of sale of goods is a contract where by the
seller transfers or agrees to transfer the
property in goods to the buyer for a price
such a contract maybe absolute or
conditional  Sale and Agreement to Sell

6. Property Law


 If the goods are destroyed the buyer goods
are in the possession of the bears the loss
even if the goods are buyer in the
possession of the seller Continued
……………………….. Loss falls on the
seller even if the  Risk of loss  Only in
case of existing and specific goods goods 
Mostly in case of future and contingent 
Type of Goods  An executory contract
transfer of Passes from seller to buyer
property takes place at a future time
immediately subject to conditions to be
fulfilled  An executed contract property 
Transfer of Property 7. Property Law Sale

Agreement to Sell

 Cannot resell goods (except in case takes


the goods for consideration and of unpaid
seller under section without notice of the
prior agreement 54/section 30) gets a good
title. In such a case the original buyer can
only sue the seller for damages Continued
……………………….. In the event of
resale the buyer who  Right to Resell 
Seller can only sue for damages not for
though the goods are still in his the price
even though the goods are in the
possession of the buyer possession 
Seller can sue for the price even 
Consequences of Breach 8. Property Law

Sale Agreement to Sell

 The seller in absence of lien over with the


goods the goods must return them to the
official receiver he can only claim a rateable
dividend for the price of the goods
Continued ……………………….. The
seller is not bound to part  Insolvency of
Buyer  Jus in personam i.e. gives the right
to the buyer to sue the seller only for
damages  Creates jus in rem  General
and particular property 9. Property Law
Sale Agreement to Sell

 The buyer can claim rateable dividend


entitled to recover the goods from and not
the goods because property in the official
receiver or assignee them has not yet
passed to them The buyer being the
owner is  Insolvency of Seller 10.
Property Law Sale Agreement to Sell

 Recover burden of expense in case of


rejection Resale of rejected goods  Not
bound to return rejected goods  When
time lap lapses without intimating the
rejection  If he intimates the seller that he
has accepted the goods  Acceptance of
delivery  Right of examining the goods

11. Property Law Buyers Rights

 If the goods delivered to the buyer are in


excess or less than the quntity ordered the
buyer can accept or reject whole or accept
only the quantity ordered in case of excess
continued ………. The buyer should have
neglected to take delivery after reasonable
time of request  Should have asked buyer
to take delivery  The seller should have
been willing to deliver 12. Property Law
Liability of buyer for neglecting or refusing
the goods

 To compensate for non acceptance in the


event of a suit filed by the seller To pay
the price per contract  To Take Delivery
within reasonable time  To give notice of
rejection  Take any risk of deterioration of
goods in transit  To apply for delivery 
Take delivery and make payment  Liability
of insuring goods in Transit by sea Duties of
Buyer  Unless there is a contract to the
contrary the buyer is not liable to accept
goods in installments 13. Property Law

 Right to resale as limited by the act In


case of insolvency of buyer of stopping the
goods in transit  Lien on the goods for the
price while he is in possession of the goods
 Unpaid seller is when part or whole of the
price has not been tendered 14. Property

Law Rights of an unpaid seller


 Where buyer becomes insolvent The
sellers lien is applicable only when the
goods are in his possession or in the
posession of his agent Where term of
credit has expired  Goods have been sold
without any stipulation as to credit 15.
Property Law Unpaid seller’s lien Can retain
possession untill payment under following
conditions

 Occupancy right of a tenant Stipends and


pensions  Mere right to sue  Public
offices and salaries  Interest restricted in
enjoyment  Right of easement  Chance
of an heir apparent  Every kind of property
can be transferred except under section 6
property that cannot be transferred is 
Sale of goods act 1930 section 9 16.
Property Law Transfer of moveable and
immovable property

 Every transfer made with the intent to delay


or defeat creditors of the transferors is
voidable at the option of the transfereee
Document of fraudulent transfer (Section
53)  A immovable property disputed in
court can be dealt with only under the
authority of the court  Doctrine of Lis
Pendens or life Pendente (Section 52) 
Where a deed bestows a benefit on a
person he cannot accept the benefit and
reject the burdensome provisions under the
deed  Doctrine of election (Section 35)

17. Property Law

 Exchanges Gifts and actionable claims


Transfer of right to enjoy some immovable
property for some period of time on
payment of some rent or premium or both 
Lease  A charge on property can be
extinguished by a decree of the court and
by the act of the parties  The purchaser of
mortgaged property has the right to have
the mortgage satisfied out of the property or
properties not sold to him  Marshalling by
subsequent purchaser ( section 56 ) 
Delivery of possession  Only by a
registered instrument  Sale of immovable
property ( section 54 to 57 ) 18. Property
Law