Property Law

Brand v Chris Building Co Pty Ltd (1957) VR 625

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Facts
  • A builder is mistakenly told to build a home on a block of land (A)
  • The builder constructs the home.
  • It turns out A is not owned by that person, but another.
  • The builder sought remedy to either have the house removed, or have the cost paid.
HELD
  • The block owner has committed no wrong, so there is no unjust enrichment
  • Anything annexed to the property is the property of the owner.
  • Thus, it is the property of the block owner & no unjust enrichment claim can succeed.

-- Download Brand v Chris Building Co Pty Ltd (1957) VR 625 as PDF --


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