Property Ownership Charictiristics Ch 1

What is Property?

• Everything on Earth originally belonged to no one; hence, it is classified as non-property.

• "Property" signifies items over which ownership rights exist.

• "Res Nullius": Romanian Doctrine of "Occupancy" referring to acquiring property by taking possession of unowned items.

Property Classification

• Property is divided into two main categories:

  1. Corporeal Property: Rights of ownership over tangible items (material things).

     • Movable Property: Items that can be physically moved from one place to another.

     • Immovable Property: Items that cannot be freely moved, includes land and anything attached to the land.

       • Examples of attachment to earth:

         • Rooted to the earth (trees, shrubs).

         • Imbedded in the earth (walls, buildings).

         • Attached for beneficial enjoyment (fixtures).

  2. Incorporeal Property: Rights over non-tangible entities (all rights not concerned with material items).

Objects of Property

• Common law often does not emphasize strict definitions compared to civil law.

• In the U.S., defining something as property grants constitutional protection, leading to less classification debate in Anglo-American law.

• Both tangible and some intangible items are recognized as potential property, acknowledging overlapping characteristics with civil law.

What is Ownership?

• Ownership is described as a right enforceable against the world (Jus in rem).

• It refers to a person's legal rights over a specific item, enforceable against interference (e.g., owning a house gives jus in rem over it).

Ownership of Property: Meaning and Rights

• Ownership represents diverse rights over property, often termed "absolute ownership"

• Includes rights like exclusive enjoyment, destruction, alteration, alienation, and recovering possession.

• Difference between land and personal property; common law views land under tenure rather than absolute ownership.

• Civil law views all ownership as absolute.

• Exploration of Saudi law perceptions of property ownership.

Exercising Ownership of Property

• Rights of Ownership:

  1. Right in propria: Control over one's material property.

  2. Right in re aliena: Rights over someone else's property, including usufruct.

• Methods of acquisition, usage, and disposition of property rights.

Characteristics of Ownership

1. Indefinite in Usage:

   • Owners have an absolute right to use their property.

   • Legal liability exists to prevent harm to others; owners must not use property to injure others' rights.

2. Power of Disposition:

   • Owners possess the unrestricted right to transfer property during their lifetime or via testament after death.

3. Perpetual Interest:

   • Ownership lasts as long as the property exists, indicating a limitless duration of rights.