ABSTRACT
Where a person is wrongfully deprived of property, or a right in relation to the property is subject to some interference or encroachment, then the person whose right has been infringed will seek a remedy. Indeed, the right to seek a remedy may itself define a property interest. For example, in the case of Allison Benjamin v Kosrae State, a Federated States of Micronesia case,1 the plaintiff was able to bring an action for damages for trespass on the grounds of a sufficient possessory interest, even though he could not establish title to the property. By comparison, in the case of Jerry Tada v Siriako Usa, a Solomon Islands case, the right of the plaintiff to bring a claim for trespass and conversion was dependent on being able to establish a right to ownership, possession or a right to come into possession, which the plaintiff was unable to do.2 Conversely, where there is no remedy available then the law will hold there is no property interest capable of protection.3 In some cases the law will allow the wronged property owner to seek a remedy which is based on a claim to the property itself, the thing. This is sometimes referred to as a right in rem, while a right to bring an action against a person – for damages, for example – is sometimes referred to as a personal right, or right in personam. This latter is applicable in cases where the remedy will be enforced against the person who has infringed the right. These remedies will either be calculated in terms of money, or be remedies compelling or prohibiting certain conduct, for example, an injunction to restrain a nuisance, or to repair a retaining wall. As in other areas of the law, many of these remedies will be derived from common law and from the principles of equity. There are also remedies deriving from statute and from custom.4 Some remedies are limited in application to rights in relation to land, but many are applicable whether the subject matter is land or other forms of property. This last chapter considers the range of remedies which may be applicable to redress property-related grievances.
