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HOME AND PROPERTY

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.

Transfer of property

Dispositions by will may also be regarded as consensual transactions since the effect of a will is to provide for the distribution of the deceased person’s property to nominated beneficiaries. A person may also obtain an interest in property under a trust established for his or her benefit by the owner of the property.

The most usual way of acquiring an interest in property is as the result of a consensual transaction with the previous owner.

For example– A sale or a gift.

It is also possible for property to pass from one person to another independently of the consent of the property owner. For example, this occurs when a person dies intestate, goes impoverish, or has the property taken in execution of a court judgment.

Property Law

There are two types of property law:-

  1. Real property
  2. Personal property

Real Property

The terms real estate and real property generally refer to land. Real property is land and ordinarily, anything builds on, growing on, or affixed to it, including buildings and crops. The term is also used to declare any rights that issue from the ownership of land.

Personal Property

Personal property defined as a movable property is anything other than land that can be the subject of ownership, including stocks, money, notes, Patents, and copyrights, as well as intangible property.

The Property and Home Law comes under the act:-

  • Property Law Act 1974
  • Property Law Act 1969
  • Property Law Act 1974
Who can You contact for advice? | MB Law Ltd Solicitors can help You Regarding This

Please feel free to contact our Team of Regulatory lawyers who specialize in all the above-described matters related to Home & Property Law. Here MB Law Solicitors provide you with experienced solicitors.

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