Property Law

, Author

Property law is an area of law that governs matters and rules related to property. Important features of property law include ownership and tenancy of property and personal property. Property law discusses two types of properties mainly. First is the mobile property that is often referred to as personal property. Second is the immovable property that is called real property, or real estate. The law covers the rights and obligations associated with movable and immovable property.

Another important aspect of property law is to resolve disputes related to property. Strict provisions of the law put parties under scrutiny and accountability. It regulates and structures property transactions involving individuals and corporations. Tangibility and intangibility are important concepts in property law. By tangible, it means the land or factory, while by intangibility; it means stocks, bonds, or bank accounts. Due to these tangible and intangible things, one can say it’s the law of personal items as well.

Every country has property law to govern related issues on its jurisdiction, but salient features of property law remain the same globally. Property law protects and guarantees the rights and obligations of parties to any contract involving a property. The rights of people and personal rights are important in property rights under the law.

Rights of People under Property Law

Property rights discuss the rights of people regarding personal belongings and assets and enforce these rights. These rights exist over things that may be movable or immovable. In another case, they may be tangible or intangible as well. Contractual rights and property rights distinguish from each other because contractual rights involve specific persons. However, both systems have to work together because different laws overlap to become one comprehensive guide. To understand, the sale of land gives rise to two legal relationships. One set of rights is the contractual rights under which a party may sue for damages. Simultaneously, both parties have property rights as well. Privacy lawyers may assist if landlords violate tenant privacy laws

Other than these rights, parties to a contract may add more expectations as per their needs. It is subject to parties considering their unique needs and requirements for signing a contract. The law awards distinctive rights as well in the case of license. In this case, the rights are insufficiently substantial. A license may not lead to property interests because it has limited effect.

Personal Rights

There is a distinction between property rights and personal rights. This distinction is related to ethical and ontological grounds. However, property rights and personal rights have blurred lines between them. Personal rights differ from real rights, where real rights only relate to ownership of property. Personal rights are different as they are against another person to perform a specific obligation. As a result, a person has to do or refrain from doing a task. These rights and obligations are set through a contract. Again, it is useful to compare them with real rights. Real rights are absolute, so their enforcement is applicable to anyone. In contrast, enforcement of personal rights is not applicable to anyone and is restricted to another party in the contract. The difference between real and personal rights is important in property law discussion.

The above discussion makes it clear that property law governs issues and matters related to land. The most important aspect of property law is to address the legal relationship between a property or thing and a person or between two persons. Business lawyers may step in when a commercial relationship exists. One should follow property law and its different provisions because it prevents conflicts and disputes between parties. That is why every country has this as an essential part of the law.