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Property law is the part of the law that regulates the ownership of immovable (land as distinct from the personal and movable property) and movable Best Lawyer for Property Disputes. In the civil law system, there is a distinction between movable and immovable property. Movable property refers to personal property in the broadest sense, while immovable property refers to real or immovable property and the rights and obligations associated with it.

Contents

Property rights and contractual rights

Property Rights and Personal Rights

Type

Administration

Transfer of Property

Concessionary Rights

Leasehold rights

Regulatory Law

Property Rights and Contractual Rights

Property rights are property rights that are enforceable against all other persons. Contractual rights, on the other hand, are rights that are enforceable against a specific person. However, the two legal systems overlap, as property rights can be based on contracts. For example, in the case of a land sale, there are two parallel legal relationships: the contractual right to claim damages and the right of ownership of the land. In addition, secondary property rights, such as easements, related rights, and equitable easements, can be created by contract.

A clear distinction exists when the rights granted confer no ascertainable interest or right in a matter upon any person other than the owner. The most obvious example of such a right is a license. Licenses are created by binding contracts, but usually do not give rise to property rights.

Property Rights and Moral Rights

A distinction is also made between property rights and moral rights. In fact, all modern societies recognize this basic ontological and ethical distinction. In the past, groups without political power were often excluded from property rights. In extreme terms, human beings became “property subjects.” More broadly, marginalized people were denied the legal right to own property.

Types

Property rights are characterized by a high degree of historical continuity and terminology. The common law system is based on the distinction between real (land) and personal property. Prior to the mid-19th century, the principles of transfer between real and personal property in the distribution of estates were very different. While this distinction no longer has the same meaning, it remains fundamental because of the basic differences between the two categories.

For example, since land is immovable property, the rules governing its use must be different. Another reason for this distinction is the frequent use of traditional terms in the drafting of laws. The land division has been criticized as an unsatisfactory basis for the classification of property law principles because it focuses on the purpose of the property rather than on the property itself. Furthermore, it applies to facilities and equipment attached to or installed on immovable property.

Property Rights

The concept of possession originated in the legal system whose main purpose was to avoid civil disturbances. The general principle is that the possessor of land or property has the right to bring suit against anyone who interferes with his or her possession unless the person bringing the suit can prove that he or she has a higher right.

Transfer of Ownership

The most common way to acquire ownership of real property is through a transaction with the previous owner, such as a sale or gift. In addition, a testamentary transfer may be considered an agreed transaction because it determines the distribution of the deceased’s property among the designated beneficiaries.

The estate owner may also receive a distribution of the estate through a trust established for his or her benefit. Property may also be transferred from one person to another without the property owner’s consent. For example, this is the case in the event of the death of a surviving spouse, bankruptcy, or seizure of property by court order.

Priorities

Various parties may claim an interest in the property by mistake or fraud and their claims may be inconsistent with each other. For example, the party creating or conveying an interest may have a valid title, but may intentionally or negligently create several interests that are wholly or partially inconsistent with each other.

The court resolves the dispute by deciding the priorities of the interests; but under Indian property law, ‘transfer of ownership’ means the act by which a living person transfers ownership, now or in the future, to one or more living persons or to himself and one or more living persons; and ‘transfer of ownership’ means the execution of that act. In this section, the term “living person” includes a corporation or association or body of persons, whether or not incorporated, but nothing herein shall affect any applicable law relating to the transfer of property by or to corporations, associations or bodies of persons.

Lease

Historically, leases have served many purposes and the law has varied according to the purposes sought and the economic conditions of the time. Leases, for example, were granted primarily for agriculture until the late 18th and early 19th centuries, when urban development made leasing an important form of land ownership in urban areas. Modern landlord and tenant law in common law countries retain the influence of common law and, in particular, the laissez-faire philosophy that dominated contract and property law in the 19th century.

With the growth of consumerism, consumer protection legislation recognized that common law principles presupposing equal bargaining power between the parties could cause injustice. Consequently, reformers emphasized the need to evaluate the law on residential leases in terms of the protections offered to tenants. Legislation to protect tenants is now commonplace.

Law of occupation

Intention to occupy

Meaning of possession

Acquisition of possession

Acquisition of possession by consent

Possession acquired without consent

Forms of transfer of possession

Intention to take possession

The intention to possess is the other element of possession. All that is required is the intention to possess something at that moment. In common law countries, the intention to possess a thing is a fact. Usually, proof is provided by the acts of control and the surrounding circumstances. It is possible to have the intention to possess something without knowing of its existence. For example, if you intend to possess a suitcase, you intend to possess its contents even if you do not know what it contains. It is important to distinguish between the intent that is sufficient to obtain possession of something and the intent required to commit the offense of unlawful possession of something, such as prohibited drugs, firearms or stolen property.

Intent to exclude others from the garage and its contents does not necessarily amount to a guilty intent to possess stolen property. When people occupy premises to which the public has access, it can be difficult to know whether they intend to possess everything within those premises. In these circumstances, some people make it clear that they do not wish to possess items brought there by the public. For example, it is not uncommon to see a sign above a restaurant grill that disclaims responsibility for items left there.

The importance of occupancy

Possession is one of the most important concepts of property law. In common law countries, possession is itself a property right. In the absence of evidence to the contrary, it proves ownership. Possession of something for a sufficiently long period of time can become a property right. Likewise, the passage of time may terminate the owner’s right to recover possession of the thing. In civil law countries, possession is not a right, but a (legal) fact that enjoys some legal protection. Ownership can be proved, but does not by itself satisfy the burden of proof. For example, ownership of a house can never be proved by mere possession of the house. Possession is the actual state of control over an object, whether or not it is owned. Only lawful (the possessor has a legal basis), good faith (the possessor does not know he is not entitled to possession), and honest (not obtained by force or fraud) possession can become possession over time.

The holder enjoys certain legal protection against third parties, even if he is not the owner. The right to possession can be of varying degrees. If, for example, you leave a book you own in a coffee shop and the waiter takes it from you, you have lost your right of ownership. When you return for the book, even though the waiter has possession of the book, you have a better right of possession and must return it. This example illustrates the difference between ownership and possession: in the process, you have not lost ownership of the book, even though at some point you have lost possession.

Obtaining possession

Possession requires control and intentionality. From the very beginning, both conditions are present at the same time. Normally intention precedes control, as when you see a coin on the ground and bend down to pick it up. However, it is possible to gain control of something before you have the intention to possess it. If someone were unknowingly sitting on a 100 rupee bill on a train seat and therefore had control of the bill, they could take possession of it if they had knowledge of it and intended to possess it.

Persons may also intend to take possession of things that they unknowingly leave in places they control. Possession may be obtained by a unilateral act establishing actual control. This can take the form of a seizure (taking something that is not in your possession) or forfeiture (taking something that is in your possession). It can also be obtained. We are the leading real estate lawyers in Pakistan and provide comprehensive legal advice on real estate matters in Pakistan.