A discussion on the legal issues of property ownership

David Fry Place of Publication: This article addresses three primary legal questions. First, the article discusses issues related to ownership of and responsibility for feral cats, analyzing the treatment of ownership and responsibility under both feral cat statutes and common law.

A discussion on the legal issues of property ownership

Theory[ edit ] The examples and perspective in this article may not represent a worldwide view of the subject.

A discussion on the legal issues of property ownership

You may improve this articlediscuss the issue on the talk pageor create a new articleas appropriate. January Learn how and when to remove this template message The word property, in everyday usage, refers to an object or objects owned by a person — a car, a book, or a cellphone — and the relationship the person has to it.

Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a number of people in relation to the object, and how the object is regarded within the prevailing political system.

Most broadly and concisely, property in the legal sense refers to the rights of people in or over certain objects or things. Supreme Court Justice and professor of law at the University of Pennsylvaniain andundertook a survey of the philosophical grounds of American property law.

He proceeds from two premises: Wilson traces the history of property in his essay "On the History of Property. That theory was brought to a focus on the question of whether man exists for the sake of government, or government for the sake of man — a distinction which may derive from, or lead to, the question of natural and absolute rights, and whether property is one of them.

While he doubts this is so, he nonetheless states: Or was it, by a human establishment, to acquire a new security for the possession or the recovery of those rights….? Useful and skillful industry is the soul of an active life. But industry should have her just reward.

That reward is property, for of useful and active industry, property is the natural result. Wilson does, however, give a survey of communal property arrangements in history, not only in colonial Virginia but also ancient Sparta. Non-legally recognized or documented property rights are known as informal property rights.

These informal property rights are non-codified or documented, but recognized among local residents to varying degrees. Priority[ edit ] Different parties may claim a competing interest in the same property by mistake or by fraud.

For example, the party creating or transferring an interest may have a valid title, but may intentionally or negligently create several interests wholly or partially inconsistent with each other.

A court resolves the dispute by adjudicating the priorities of the interests. The term "transfer of property" generally means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons.

To transfer property is to perform such an act. Property rights and rights to people[ edit ] Property rights are rights over things enforceable against all other persons.

By contrast, contractual rights are rights enforceable against particular persons. Property rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: More minor property rights may be created by contract, as in the case of easementscovenantsand equitable servitudes.

A separate distinction is evident where the rights granted are insufficiently substantial to confer on the nonowner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.

Property rights and personal rights[ edit ] Property rights are also distinguished from personal rights. Practically all contemporary societies acknowledge this basic ontological and ethical distinction.

In the past, groups lacking political power have often been disqualified from the benefits of property. In an extreme form, this has meant that people have become "objects" of property—legally "things" or chattels see slavery.

More commonly, marginalized groups have been denied legal rights to own property. These include Jews in England and married women in Western societies until the late 19th century.

The dividing line between personal rights and property rights is not always easy to draw. For instance, is one's reputation property that can be commercially exploited by affording property rights to it?

I. Introduction Issues of Analysis and Definition More than most policy areas dealt with by political philosophers, the discussion of property is beset with definitional difficulties. The first issue is to distinguish between property and private property.
I. INTRODUCTION Introduction Preamble The parties to this agreement believe that the public interest is best served by creating an intellectual environment whereby creative efforts and innovations can be encouraged and rewarded, while still retaining for the college or university and its learning communities reasonable access to, and use of, the intellectual property for whose creation the college or university has provided assistance.
You are here Poorly Lit Staircase Iced Entranceway to premises No matter the type of property or injury involved, property owners are liable for all injuries incurred due to hazards associated with their property, whether a home or business.
Real Estate and Property Law David Fry Place of Publication:

The question of the proprietary character of personal rights is particularly relevant in the case of rights over human tissue, organs and other body parts.

The rights of women to control their own body have been in some times and some places subordinated to other people's control over their fetus. For example, government intervention that controls the conditions of birthing by prohibiting or requiring caesarian sections.

Whether and how a woman becomes pregnant or carries a pregnancy to term is also subject to laws mandating or forbidding abortion, or restricting access to birth control.

A woman's right to control her body during pregnancy or possible pregnancy — what work she does, what food or substances she ingests, other activities she engages in — have also frequently been subject to restrictions by many other parties; in response, a number of countries have passed laws banning pregnancy discrimination.

English judges have recently made the point that such women lack the right to exclusive control over their own bodies, formerly considered a fundamental common-law right.Property is a general term for rules governing access to and control of land and other material resources.

Because these rules are disputed, both in regard to their general shape and in regard to their particular application, there are interesting philosophical issues about the justification of property. This presentation will include a discussion of legal issues in drafting contracts, ownership of the plans; methods of dispute resolution; schedules and types of contracts used in Property Management The discussion will focus on issues of interest to managers of real property.

Lecturer. Because pets are property and property law is a state issue, the legal rights and duties will vary somewhat depending on the law of the applicable jurisdiction. Accordingly, laws and cases that point to common schemes as well as deviations are included in the discussion.

Forum: Real Estate and Property Law. Discussion of issues that arise in relation to purchase, sale, ownership and use of real and personal property.

Current Legal Topics. Research & Reports | Guide to Law Online | Legal Research Guides | Legal Intellectual Property Digital Legal Deposit. purposes is 70 years. In addition, individuals can privately own residential houses and apartments on the land (“home ownership”), although not the land on which the buildings are situated.

A discussion on the legal issues of property ownership

Both. Co-owning a rental property with family or friends can be an incredible experience and very profitable, if it’s set up correctly. Co-ownership is appealing because it reduces risk and increases buying power.

Intellectual Property Clause [Regarding Ownership of IP] | Student Simple