Q: 14 Discuss property.

Explain various modes of acquisition of

property.
1. Introduction
 All things come under the category of property which belongs to someone’s ownership or
possession is called property. Each and every person has right to make property for joyful
life. The concept of property is very ancient and its definition is different in various ages.
Multi jurists have tried to give a universal meaning to the word property but they all failed.
Today the word property is being used in different senses and it has been classified into
different kinds

2. Meaning of property
 Property includes all those things which are source of income or wealth

3. Definition of property
 Complete legal rights over things against others which is enforceable by law. Every man has a
property in his own. Every man has a right to preserve his property such as his wife, liberty
and estate”

4. Kinds of property
Property has of two kinds

a) Corporeal property
b) Incorporeal property

1. Corporeal property
 Corporeal property is the right of ownership on material things. It is property that can be
touched and seen.
 For example, real estate or personal property having a touchable form and structure, like a
building, equipment or vehicle.

A. Kinds of corporeal property

Corporeal property has the following kinds

I. Immoveable property
 Immovable property is an immovable thing or property which cannot be moved from
one place to another place without destroying or shifting it such as property which is
fixed to the earth, such as land or a house.
  Elements of immoveable property
Following are the elements of immoveable property

1) Immoveable property must covers portion of the surface of the earth

2) It includes the ground beneath the surface
3) It includes object which are on or under the surface which are natural e.g. mineral
and natural plants
4) It includes objects on or under the surface which are manmade e.g. buildings or
fences etc.

II. Moveable property

 Moveable property is a moveable thing or property which can be moved from once
place to another place. A property that a person can take with him such as Car, plane,
money etc.

 Real property
 Real property relates to immoveable things. Real Property consists on buildings, roads
or land itself which has been legally recognized by law is called real property

 Personal property
 Personal property relates to moveable things. Personal property consists on vehicle
,animals, jewelry ,furniture etc which are legally recognized by law is called personal
property

2. Incorporeal property
 Incorporeal property is untouchable property which can be transferred from one
person to another person but actually such kind of property does not have a physical
object for example share in limited company

Following are the two sub types of incorporeal property.

1. Rights in Re propria
 Right in re propria is a full ownership on immaterial things such as copy rights,
trademarks and patents etc.

2. Rights in Re Aliena
 A right in the property of another person or right on land of another person such as
right of way from land of other person
5. Modes of acquisition of property
Following are the four modes of acquisition of property

1. By Possession
 Possession is one of the most important element of acquisition of property.m It is
absolute fact that possessor may owner of the thing because possession is the evidence
of ownership. If a person is in possession of a thing, ownership cannot be snatched ,
except by the true owner in accordance with the law. If a person claims that he is the
owner of a piece of land ,there are two ways to show himself as owner, first by way of
possession in fact and 2nd by way of law

2. By Transfer
 Property can also be transferred /acquired from one person to another person by an
agreement between the parties . The basic element of agreement is legal willingness of
the parties. An agreement is the expression of the persons that they wanted to bound
themselves in legal relation

3. By succession
 On the death of a person, there are certain rights which pass to his heirs or successors..
Physical thing are inheritable such as buildings, money, and land etc.

4. By prescription
 Prescription is a method of acquiring property from a legal owner by operation of law
for a specified time and , such property is usable during the specified time without any
interruption. Rights of using the thing will automatically be abolished after ending of
specified time period

Following are the sub types of prescription.

A. Positive prescription
 A person can acquire property by positive prescription by real owner of the property for
a specified time and after ending of specified time the real owner can take back his
property from that person who was enjoying the property during the prescriptive time

 Example
If A is enjoying a right of way from his neighbor’s land for 20 years
Then at the end of this period, he not possesses it but also own it by way of easement
 B. Negative prescription
Negative prescription has two kind

 Perfect negative prescription

 Perfect negative prescription is the destruction of right e.g. if owner remained
untouched with his land over the period of 12 years such dispossession allows current
possessor to acquire property

 Imperfect negative prescription

 Imperfect negative prescription is the destruction of right e.g. even if owner is touched
with is his land continuously even after his possession ,he has lost his right upon his own
land

 Example
Debt (Qarz) is an example of imperfect negative prescription. The right is not
destroyed for a partial payment. Creditor still has right to collect rest amount

6. Conclusion
 Preservation of property or acquiring property by different means is a right of a legal person.
Property is a source of income that’s why it has been secured and recognized by the rule of
state. Every person has right to have property for the betterment of his social life