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What Is Property Law
What Is Property Law
What Is Property Law
Property law is a set of rules governing the rights concerning things. In other words, property law
describes the legal relationship between a person and a thing. Such thing is called property. Property is
the right to own, possess, use and enjoy a thing.
There are generally two types of property: real property and personal property. Real property includes
land and everything that is attached to it, such as a house or other building. Personal property is a thing
or a right not attached to the land. It divides into tangible and intangible personal property. Tangible
property has a physical form and may be a car, furniture, equipment, or similar things. Intangible
property includes rights, such as rights to securities (e.g. shares), or intellectual property rights (e.g.
copyrights, patents, or trademarks).
The owner of a thing is a natural or legal person who holds an exclusive or joint title to such thing. If
the title is exclusive, the owner is the sole owner of the thing, and if the title is shared, the person is a
joint owner (co-owner). The owner has the right to possess, use, and convey its property. Moreover, the
owner may vest a certain interest in its property in another person, for example, through a lease or
easement.
The owner may agree that a third party may possess, use or otherwise enjoy its property. To do so, the
owner will create certain limited property rights. In this case, the property is encumbered with a
third-party right. Such rights may include an easement, pledge, or mortgage. If such right is created,
the third party is vested with a title to the owner’s property within the limits provided for by law or the
contract. If anyone would like to see if any such right is created over a property, they may check it in
Land Registry (Land and Mortgage Register).
The owner of property enjoys many rights connected with it, though must also comply with a number of
obligations. The owner is generally responsible for the property with respect to other people and,
therefore, bears the risk connected with its property. This means that the owner must make sure that the
property is safe for third parties. In addition, the owner must pay property taxes resulting from laws.