General Principles of Transfer of Property (Sections 5-37)

Sections 5 to 37 of the TPA lay down the general rules governing transfers of both movable and immovable properties.

1. What is a 'Transfer of Property' (Section 5)?

An act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons.

2. What Cannot be Transferred (Section 6)

As a rule, property of any kind may be transferred. However, Section 6 provides ten strict exceptions, including:

• Spes Successionis (Section 6(a)): The mere chance of an heir-apparent succeeding to an estate, or a chance of a relation obtaining a legacy, is void ab initio and cannot be transferred.
• Right of Re-entry (Section 6(b)): A mere right of re-entry for breach of a condition subsequent cannot be transferred apart from the land.
• Easement (Section 6(c)): An easement cannot be transferred apart from the dominant heritage.
• Restricted Interest (Section 6(d)): An interest in property restricted in its enjoyment to the owner personally (e.g., right to maintenance) cannot be transferred.
• Mere Right to Sue (Section 6(e)): Cannot be transferred, preventing champerty and maintenance.

3. Rule Against Perpetuity (Section 14)

No transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of that period.

4. Vested vs. Contingent Interest (Sections 19 & 21)

Vested Interest (Section 19)	Contingent Interest (Section 21)
Created when interest is to take effect on the happening of an event which must happen (e.g., death of a person) or immediately.	Created when interest is to take effect on the happening of an event which may or may not happen.
The interest is heritable. If the transferee dies before possession, it passes to their heirs.	The interest is not heritable. If the transferee dies before the event happens, the interest fails completely.
The interest is both transferable and attachable by a court of law.	The interest is transferable, but cannot be attached because it is an uncertain expectancy.

5. Doctrine of Election (Section 35)

Based on the equitable maxim that a person cannot "approbate and reprobate" (accept and reject the same instrument). If a transferor professes to transfer property which is not theirs, and in the same transaction confers a benefit on the owner of the property, such owner must elect either to confirm the transfer or to dissent from it (and forfeit the benefit).