Land Law focuses upon the uses and supply of land. Take away law (that is, enforceable rights), and you eliminate the concept of property. Key concepts These definitions do not materially interfere with the common law meaning except with regard to its use in Acts dealing with specific subjects. There are different points of reference that have been set by the court in the acknowledgment of this concept. First of all, the courts of common law and equity gave people with "property" rights various privileges over people who acquired mere "personal" rights. The word ‘property’ is often used to refer to something that belongs to another. Article ... Indigenous and Tribal Peoples Convention No. These experienced and respected authors have used their unique approach to land law to provide a consistent structure with which students and lecturers can tackle the topics. The legal concept of property in the West is characterized by a tendency to agglomerate in a single legal person, preferably the one who is currently in possession of the thing in question, the exclusive right to possess, privilege to use, and power to convey the thing. The concept of property has a special significance in jurisprudence. Apart from these and other similar statutory exceptions, the surface owner does own the airspace above their land in the sense that, subject to building regulations, they are fully entitled to extend their occupation of the air, for example, by building high-rise developments. This concept in the twenty–first century is, however, subject to limitation by statutory law and comes increasingly under challenge at common law. UNIT OBJECTIVES . Land is often referred to as ‘real property’, which, in very basic terms, means property that is fixed and immovable — as distinct from personal property which, again in basic terms, means property (as in goods and chattels) that is not fixed and can be moved. Personal property can be divided into two major categories: tangible and intangible. As a legal term, land means not merely the dry superficies of the earth, but also comprises of all that has material form that man has received or can receive from nature, that is to say, from God. The concept of ‘property… Although this idea may seem strange initially, it will become clear as the concept of property is studied. The logical base of English land law ‘has finally shifted from empirically defined fact to officially defined entitlement’ [6] LRA 2002 has defined property in terms of registration, i.e. ©  Commonwealth of Australia on behalf of ICSM, PSMA’s Geocoded National Address File (G-NAF), United Nations Group of Experts on Geographical Names (UNGEGN), Electronic Lodgement and Transfer of Survey Data Working Group, SIDA Special Interest Group – Spatial Information Delivery and Access, The Australian Geospatial Reference System, Fundamentals of Land Ownership, Land Boundaries and Surveying, Upgrades to the Australian Geospatial Reference System. With the advent of industrialization, important new uses for land emerge, as sites for factories, warehouses, offices, and urban agglomerations. Beyond owning an interest in the land, less obvious interests can also come in the following forms: This module is also looking to establish how these different interests interact. Real estate law governs who may own and use the land. It included all things growing on or affixed to the soil, such as trees, crops and buildings. “Property” means the general property in goods, and not merely a special property. Conclusion. In a general sense, therefore Property consists of land, shares, buildings and debt… *You can also browse our support articles here >. either a title to an estate is registered or unregistered. Classification of property. Property as rights. Land is often referred to as ‘real property’, which, in very basic terms, means property that is fixed and immovable — as distinct from personal property which, again in basic terms, means property (as in goods and chattels) that is not fixed and can be moved. Also, the value of real property taking the form of man-made structures and mac… Many are quite informal in the way they operate. The word property is used in numerous senses in general. 169 of 1989 is a key instrument in the evolution of concepts of land rights in international law.13 That convention . McFarlane, Hopkins, and Nield's Land Law is the most succinct, analytical textbook available in this subject area. UNIT ONE- GENERAL OVERVIEV OF PATRIMONY, PROPERTY AND PROPERTY LAW . As such, land law is heavily governed by how your neighbours interact with land and what you could have been expected to know. In fact, our system is very formal and highly structured in comparison with developing countries. Copyright © 2003 - 2021 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. To protect the position of a purchaser, LRA 2002 has gone to boundless boundaries. The basic concept of land is that it is a specific piece of earth, a property with clearly delineated boundaries, that has an owner. There are many reasons for this such as agreements reached by a previous owner or because you failed to notice how the land was used when you purchased it. The value, although may be either monetary or personal. As jurisprudence also provides a description of other proprietary rights based on the property. The legal definition of real estate or real property is land and the buildings on it. Property as objects of rights. Introduction Some jurists have supported the concept of the property while some are against it. However a good starting point is the partial definition of “land” in the Law of Property Act 1925 (LPA 1925) S.205 (1) (ix) ; “Land includes any of tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the … It looks to facilitate how an owner of land may use it or moderate how others do so; this relationship can develop into ‘interests’ in the land. Description. 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