The
law defines property in
a general legal category as a right of a person to
use, enjoy or possess a determinant thing and prohibit
others from using the same. The law assures a person
the rights of ownership in land, money,
tangible objects and intangible objects. Within the
arena of law, property control is assured by the
power of the law, or by power exercised under the
law, and not by any separate power. The property
right envisages ownership and possession as belongings
to legal individuals, even if the individual is not
a real person.
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The
supporters of capitalism believe property rights
as the most important right. According to them, such
rights encourage the property holders to develop
the property and generate wealth. On the other hand,
the socialist and communist groups tend to be more
suspicious of the property rights. They believe that
the property rights are used by the ruling elites
to rob the masses of their wealth. The libertarians
socialist have always supported the abolishment of
property rights. They believe that all the property
should be shared.
The
concept of property changes place to place. Like
the African hunter-gatherer societies don’t
have ownership of land like the agricultural societies.
For them ownership of water holes is more important
than the ownership of land. The ownership of land
holds great economical value for the agricultural
society.
Property
rights can be classified in terms of a bundle of
rights. Traditionally, property rights are thought
of as:
• Control
over use
• Right to benefits of property
• Transfer or sell
• Right to exclude non-owners
However, not every person, or entity having an interest in a piece of property
is able to exercise all the rights. As a tenant of a particular piece of
property, you are not given the rights of selling the property. The selling
rights are one of the rights in the bundle reserved for the owner. Same way
the owner has no rights to keep the tenant away from the leased property
unless the tenant has stopped paying rents or sued to regain access.
There
are number of ways you can hold a property. For instance:
joint ownership, community property, sole ownership,
lease... In a joint ownership property, an individual
have a limited recourse for the actions of the other.
There are always chances of one of the owners selling
his/her share of
property to a stranger that the other owner does
not like. The types of property therefore tend to
complicate an owner’s ability to exercise his/her
rights unilaterally.
According
to most of the legal systems, property is divided
into two types:
• Real property- The common law jurisdiction defines real property as immovable
properties that include ownership of land, building and many legal relationships
between the owners of the real estate. A real property can be jointly held by
tenants with the right of survivorship or as tenants as common.
• Personal
property- Also known as chattels, personal
property includes the entire movable properties.
It is divided into tangible and intangible property
where tangible property includes cars,
clothing, animals and so on. While intangible property
or abstract property includes stocks, bond bank deposits,
derivatives, options, futures, patent copyrights
and trademarks.