Home and Property Lawyers
The word property refers to an object or a group of objects owned by a person — a car, a book, or a cell-phone — and the relationship the person has to it. In law, the concept acquires a more nuanced rendering.
The Various Factors Consider in Home and Property Law are:-
- Nature of the object,
- The relationship between the person and the object,
- The relationship between a number of people in relation to the object,
- And how the object is regarded within the prevailing political system.
Most broadly and concisely, property in the legal sense refers to the rights of people in or over certain objects or things. Home and Property law is the area of law that governs the various forms of ownership and tenancy in real property and in personal property, within the common law legal system.
In the civil law system, there is a division between movable and immovable property.
|Movable Property||Immovable Property|
|Movable property roughly corresponds to personal property||Immovable property corresponds to real estate or real property, and the associated rights and obligations thereon|
Property rights and rights to people
- By contrast, contractual rights are rights enforceable against particular persons.
- Property rights may, however, arise from a contract; the two systems of rights overlap.
- Property rights are rights over things enforceable against all other persons.
In relation to the sale of land, for example, two sets of legal relationships exist together and incorporation with one another:
- The property right exercisable over the land.
- The contractual right to sue for damages,
A minor property right may be created by contract, as in the case of easements i.e. a right to cross and use someone else’s land for a specific purpose, covenants i.e. the agreement, and equitable servitudes i.e. agreement or contract between two or more parties that limit their use of the property.
A separate distinction is evident where the rights granted are insufficiently substantial to communicate or converse on the no owner a definable interest or right in the thing.
The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.