The following is a guest property law blog post based on US property law including some discussion of IP law and is provided for general information purposes only. For legal advice consult an expert property solicitor. Further guest posting opportunities available – click the blue button to get started.
Property law represents the law that governs different types of tenancy and ownership in real estate property, common legal law systems and personal property. In civil law, it is divided into immovable and movable law of property. Movable property represents personal property. Immovable property represents real property, real estate and the linked legal obligations and rights. Property laws are extremely essential to the maintenance and creation of an ownership system.
Types of Property Law
There are three main types of property laws. They are referred to as; intellectual, personal and real property laws.
Intellectual Property Law
This covers any property that originates from an idea. This implies that the inherent property may be intangible like a song, artwork, blueprint, character or design. Intellectual law of property aims at protecting the rights of the owner to the idea. Most forms of intellectual property law deal with the formation of systems that delineate ownership and utilize a certain form of intellectual property. Patents, trademarks and copyrights are a result of law of property which declares that the creator or owner has sole use and ownership of the specific intellectual property. Infringement of any property which is protected by intellectual law of property is considered a criminal or civil crime that may result to huge fines, jail time or other legal penalties which may apply.
Real Property Law
This law deals with tangible objects like possessions, real estate and furniture. Its scope is to create an ownership system and rules against property infringement. Unlike in the case of intellectual law, law of real property grants property ownership through ownership papers and titles. They guarantee an entity or person the sole use and ownership of property which may be a farm, a television or building. It also applies to an individual entering an agreement or lease to rent real property for personal reasons. In such a case, the owner lacks absolute power to limit the tenant’s use of the property. The law of real property prevents the unlawful use or misuse of property by a person who is not designated as the sole owner. This includes crimes like trespass, breaking, squatting and vandalism.
Personal Property Law
Personal property law deals with any tangible property that is not incorporated in real property. Ownership of personal property is sometimes regulated due to public policies but is less rigid. The ownership and use of some personal property can be regulated if it threatens general health and safety of public property. Depending on the form of property, the sole owner is free to sell, lease or let it out at their own will.
Property law restores peace and sanity in the rapidly growing real estate sector through the creation of rules which govern the purchase, use and protection of property. It assures property owners of security through ownership documents and titles and lays down punishments and compensation when a property infringement occurs. It is essential for any individual who owns or rents a property to understand the different forms of property law and the consequences of acting against any law.
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