Property Law in the Common Law Tradition - England

English Property Law

• Personal Property
  • Divided into sub-categories:
    • Choses in possession: movable things subject to control and physical enjoyment.
    • Choses in action: deriving from contractual relationships (e.g., bank accounts, insurance policies).

Real Property: Land as Real Estate

• Estate: indicates the distinctive features of English property law.
• No formal right of ownership.
• The Crown is considered the owner of all land; others hold land in tenure.
• In the feudal system, the King determined the content of the right granted in return for services.
• Property rights on land, held for different periods, were referred to as Estates in land.

Common Law Tradition

• Key Concepts
  • 3+G+( ()* &"0+&+#. (actions and inactions)
  • Evaluation of the different effects of actions and inactions concerning property
• $&%3& &2+.-, 3). %N%"3+/%0 )-)+.,& %G%"':#0' (the concept of relative and absolute protection)
• 33#