Lecture 2. The nature of property - Ownership and possession

Question 1

What are the two kinds of property recognized by English law?

Answer 1

Real property (realty) and personal property.

Real property includes freehold interests in land, while personal property includes everything else.

Question 2

What does realty include?

Answer 2

All freehold interests in land.

Freehold means one has the land free from feudal obligations.

Question 3

What is personal property?

Answer 3

Any property that is not real property and is not permanently attached to land.

Question 4

How does English law’s division of property compare to French law?

Answer 4

English law divides property into real and personal, while French law divides property into movable and immovable.

Question 5

What historical aspect influences the division of property in English law?

Answer 5

The history of the forms of actions in law.

Question 6

What are the two forms of actions in common law?

Answer 6

• In rem: concerning land
• In personam: concerning personal property rights

Question 7

What does ‘in rem’ refer to?

Answer 7

A claim to land or a thing, associated with real actions.

Question 8

What does ‘in personam’ refer to?

Answer 8

Actions based on personal property rights, which typically result in compensation through damages.

Question 9

In early English courts, what could one use for recovery of land?

Answer 9

A real action.

Question 10

What was the situation regarding damages in the 1300s/1400s?

Answer 10

Damages were not monetized, making compensation quite poor.

Question 11

Why did land become known as real property?

Answer 11

Because it was a significant form of property recognized in legal actions.

Question 12

True or False: Personal property is permanently attached to land.

Answer 12

False.

Question 13

Fill in the blank: Property is either _______ or it is not.

Answer 13

land.

Question 14

What is real property classified as in French law?

Answer 14

Immovable.

Question 15

What is personal property classified as in French law?

Answer 15

Movable.

Question 16

What system prevented the buying or selling of land?

Answer 16

Feudal system.

Question 17

What type of action is not actionable in rem concerning land?

Answer 17

Real action.

Question 18

What is the legal term for a lease in property law?

Answer 18

Chattels real.

Question 19

What are the two types of personalty?

Answer 19

• Choses in possession
• Choses in action.

Question 20

What is corpus in the context of personal property?

Answer 20

Tangible objects.

Question 21

What are choses in action?

Answer 21

Intangible forms of property.

Question 22

In a capitalist society, how is the value of things measured?

Answer 22

By their price.

Question 23

What form of property do we have more debt than any other?

Answer 23

Debt.

Question 24

What is the difference between property as a right and value as a market concept?

Answer 24

Property is a legal concept; value is a market concept.

Question 25

What is the relationship described by ownership?

Answer 25

A relationship between a person and a certain right.

Question 26

What does it mean to vest in legal terms?

Answer 26

To have ownership of a right.

Question 27

What happens when someone's right is removed?

Answer 27

Divesting.

Question 28

What is considered the greatest right a person can have?

Answer 28

Ownership.

Question 29

What does Black's law dictionary say about ownership?

Answer 29

It is the highest right a man can have on anything.

Question 30

What is the distinction between corporeal and incorporeal ownership?

Answer 30

* Corporeal ownership: in choses in possession * Incorporeal ownership: intangible things.

Question 31

What is sole possession?

Answer 31

One proprietor.

Question 32

What is copossession?

Answer 32

More than one proprietor.

Question 33

What is equitable ownership?

Answer 33

Trust that gives someone a life estate in land.

Question 34

What is beneficial ownership?

Answer 34

Equitable ownership right to the property.

Question 35

What does possession mean in a technical sense?

Answer 35

Physical control without legal possession.

Question 36

Fill in the blank: Ownership vests you with _______.

Answer 36

Rights.

Question 37

True or False: A person must physically possess a thing to own it.

Answer 37

False.

Question 38

What type of rights do servitudes grant?

Answer 38

Rights you have on other people’s land.

Question 39

List three examples of servitudes.

Answer 39

* Right of way * Right to light * Easements.