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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.
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms.
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).
The right to property, or the right to own property (cf. ownership), is often [how often?] classified as a human right for natural persons regarding their possessions.A general recognition of a right to private property is found [citation needed] more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for ...
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 transfer of real estate was simplified by the Real Property Act 1845 (8 & 9 Vict. c. 106) [34] and by the Conveyancing Act 1881 (44 & 45 Vict. c. 41) and Conveyancing Act 1882 (45 & 46 Vict. c. 39) Additional powers of dealing with settled estates were given by the Settled Estates Act 1856 (19 & 20 Vict. c. 120), later by the Settled ...