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Property law is characterised by a great deal of historical continuity and technical terminology. The basic distinction in common law systems is between real property (land) and personal property (chattels). Before the mid-19th century, the principles governing the transfer of real property and personal property on an intestacy were quite ...
Property law in the United States is the area of law that governs the various forms of ownership in real property (land and buildings) and personal property, including intangible property such as intellectual property. Property refers to legally protected claims to resources, such as land and personal property. [1]
Property Rules, Liability Rules and Inalienability: One View of the Cathedral is an article in the scholarly legal literature (Harvard Law Review, Vol.85, p. 1089, April 1972), authored by Judge Guido Calabresi (of the United States Court of Appeals for the Second Circuit) and A. Douglas Melamed, currently a professor at Stanford Law School.
Property is generally deemed to have been lost if it is found in a place where the true owner likely did not intend to set it down and where it is not likely to be found by the true owner. At common law, the finder of a lost item could claim the right to possess the item against any person except the true owner or any previous possessors. [3] [2]
From this has evolved the modern conception of property as a right enforced by positive law, in the expectation that this will produce more wealth and better standards of living. However, Smith also expressed a very critical view of the effects of property laws on inequality: [8] Wherever there is a great property, there is great inequality …
For limits to ownership above land, an old principle in the law is ad coelum, meaning that property rights extend "to the sky" (and below the earth). In the past, rights to "the sky" have been unenforcable – birds need take little notice of humans' overhead property rights – but with modern technology extending human reach, the idea of ad ...
In common law jurisdictions, exclusive rights have often been the codification of pre-existing social norms with regard to land or chattels.. In the UK case of RCS v Pollard [1983], Ch 135, a claim by the legal owners of an exclusive right in relation to the records of the singer Elvis Presley against a seller of unofficial recordings was lost because selling the unofficial recordings did not ...
As one has stated, "The rule against perpetuities is an ancient, but still vital, rule of property law intended to enhance marketability of property interests by limiting remoteness of vesting." [ 6 ] For this reason, another court has declared that the provisions of the rule are predicated upon "public policy" and thus "constitute non-waivable ...