Quick Answer: What Property May Be Transferred And What Property Cannot Be Transferred?

What property may not be transferred?

Stipends related to Military, Naval, Air Forces, Civil Prisoners, government pensions, etc are personal rights and cannot be transferred..

Can a right to sue be transferred?

A mere right to sue, as for instance, in respect of damages for breach of contract, or for tort, cannot be transferred. The object of the prohibition is to prevent gambling in litigation. Moreover, a right to sue is personal to the party aggrieved.

Can my neighbor use my easement?

Your neighbor, the owner of the land upon which the easement is located, can’t legally do anything to interfere with your use of the easement to access your property. However, the landowner can do whatever he wishes with his land, including using your easement, as long as he doesn’t interfere with your use.

Does Transfer of Property Act apply to movable property?

Rules relating to transfer of property under the Act. 1. It is important to draw a line between immovable and movable property. Only an immovable property and in exceptional cases the movable property can be legally transferred under the provisions of this Act.

What is future property?

Future property. Future property cannot be assigned at common law because the assignor has no title to assign. Future property cannot be effectively assigned without consideration in equity. Property can be future in two sense: a) The property may exist, but not yet be owned by the would-be assignor.

What is transferable property?

According to the Act, ‘transfer of property’ means an act by which a person conveys the property to one or more persons, or himself and one or more other persons. … The act of transfer may be done in the present or for the future.

Can you remove an easement from your property?

The two land owners can agree to remove the easement, or the dominant land owner can release the servient land owner from the easement. If the dominant land owner has not used the easement for at least 20 years, the servient land owner can apply to the Registrar General to remove the easement.

Who can transfer of property?

Transfer of property means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.

Who is competent to transfer the property?

Every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances, to the extent and in the manner, allowed and prescribed …

Who is an ostensible owner?

Ostensible means something that is not real or true. Therefore ostensible owner means a person who is not the real owner of the property he represents the real owner in transfers made to the third party. Such a representation is based on the consent of the real owner. Such consent may be express or implied.

Can future property be transferred?

Every person, who is competent to contract, is competent to transfer property, which can be transferred in whole or in part. … The right may be either absolute or conditional, and the property may be movable or immovable, present or future.

Which properties can be transferred under the Transfer of Property Act 1882?

The Transfer of Property Act defines a transfer as an “act by which a living person conveys property, in present or in future, to one or more living person or to himself and one or more other living persons”[1] The TPA governs five types of transfers i.e. sale, mortgage, lease, exchange and gift of immovable property …

What is Property in Transfer of Property Act?

It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. It came into force on 1 July 1882. According to the Act, ‘transfer of property’ means an act by which a person conveys the property to one or more persons, or himself and one or more other persons.

Can easement be transferred?

A Transfer granting easement over own land form 01TO is used for the creation of an easement where the dominant tenement and the servient tenement are held by the same registered proprietor. For: … a transfer granting an easement to let down surface, see Baalman And Wells, Land Titles Office Practice, Lawbook Co.

How a person can transfer property to himself?

The word “living person” includes corporations and other association of person. A transfer can be made by a person to himself, as for instance when a person vests property in trust and himself becomes the whole trustee.

Is it bad to have a drainage easement on your property?

A drainage easement may have a negative impact on property value if it severely restricts the use of the property, but that generally occurs only on smaller parcels in which the easement makes up a good deal of the yard area.

Is a sale of future property valid?

What may be objects of sale? Note: Sale of future goods is valid only as an executory contract to be fulfilled by the acquisition & delivery of goods specified. b. No rescission is allowed where the thing is legally in the possession of a 3rd person who did not acted in bad faith.