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Land law, or the law of "real" property, is the most significant area of property law that is typically compulsory on university courses. Although capital, often held in corporations and trusts, has displaced land as the dominant repository of social wealth, land law still determines the quality and cost of people's home life, where businesses and industry can be run, and where agriculture ...
This means three main things. First, "property rights" (in Latin, a right in rem) are generally said to bind third parties, [39] whereas personal rights (a right in personam) are exercisable only against the person who owes an obligation. [40] English law acknowledges a fixed number, or numerus clausus of property rights, which create various ...
But in Chamberlain v Lindon (1998) 1 WLR 1252, [3] Lindon demolished a wall to protect a right-of-way, honestly believing that it was a reasonable means of protecting his property (and, incidentally, avoiding litigation). It was held that it was not necessary to decide whether Lindon's action was justified as a matter of civil law.
Under the terms of the Criminal Law (Defence and the Dwelling) Act 2011, property owners or residents are entitled to defend themselves with force, up to and including lethal force. Any individual who uses force against a trespasser is not guilty of an offense if he or she honestly believes they were there to commit a criminal act and a threat ...
The provisions of the act include: Explicitly laying down that it is not an offence for a person in their dwelling, [note 1] or who is a legal occupier in a dwelling, to use force in order to protect themselves or their property where they believe that the other person is trespassing and means to commit a crime.
There are two main views on the right to property, the traditional view and the bundle of rights view. [8] The traditionalists believe that there is a core, inherent meaning in the concept of property, while the bundle of rights view states that the property owner only has bundle of permissible uses over the property. [1]
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The division of property into real and personal represents the division into immovable and movable incidentally recognized in Roman law and generally adopted since. "Things personal", according to Blackstone, "are goods, money, and all other movables which may attend the owner's person wherever he thinks proper to go" (Comm. ii. 16).