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property
a bundle of rights relating to something,
- the extent and nature of these rights dictate the extent and nature of one’s property
real property
term used to describe the rights held in freehold in relation to land, or things attached to land
- defined by application of the maxim superficies solo credit, or, "that which is attached to the land becomes part of the land"
personal property
rights in relation to things and leasehold rights (known as ‘chattels real’) in relation to land and things attached to land
tangible rights
described as corporeal, or rights with physical substance
intangible rights
described as incorporeal, or rights without physical substance
- can allow for a right of physical exercise over the land of another (e.g. right of way)
ownership
the owner of something is the person who acquires the right to control the thing that is owned
- two relationship: with the thing owned, with the rest of the world in relation to the thing owned
possession
the right to use and enjoy the thing being possessed
land (LCLRA)
(a) any estate or interest in or over land, whether corporeal or incorporeal,
(b) mines, minerals and other substances in the substratum below the surface, whether
or not owned in horizontal, vertical or other layers apart from the surface of the
land,
(c) land covered by water,
(d) buildings or structures of any kind on land and any part of them, whether the division is made horizontally, vertically or in any other way,
(e) the airspace above the surface of land or above any building or structure on land which is capable of being or was previously occupied by a building or structure and any part of such airspace, whether the division is made horizontally, vertically or in any other way,
(1) any part of land.
title
one’s legal ‘entitlement’ to property
- the collection of documents used within a conveyancing process In this way title can be taken to mean the collection of documents used within a conveyancing process to make out the vendor's entitlement to transact in the proposed manner and to show the extent to which any third parties might have rights in relation to the land.
tenure
the basis upon which one person might be said to hold land from- or ‘under’ another
estate
the length of time for which someone will be said to have rights in relation to land
feudalism
a matrix of military and legal relationships that existed within the nobility of the Middle Ages and were concerned, in particular, with how military and legal obligations were bound up with landowning, landholding and the transfer of land.
alienation
the technical term used for transfer of rights over land