Nature of Property Rights In this context, property refers to “real” property (i.e. land and buildings). In the broader sense, property refers to anything capable of being owned. See separate guides on movable property (e.g. goods), intangible property and intellectual property (e.g. patents, trademarks and copyright). It is possible for different people to have different rights in land and buildings. […]
Leasehold In practice, two main types of estate in land encountered in practice have been an absolute freehold interest or leasehold estates for a term of years. After the 2009 land law reforms, they are the only type of legal estates that may now subsist. A lease is effectively a contract which gives an exclusive right of possession of land […]
Property Law In the present context, property refers to real property (i.e., lands and building and rights to lands and building). In the broader sense, property refers to anything capable of being owned. In that sense, it also includes movable (“personal”) property/goods and intangible property, such as intellectual property brands and shares. In this context, land refers to real property […]
Ownership The chapter looks at the rights that the full owner of the property enjoys. In this context, the full owner means the freehold owner, or a person holding under a long lease at a nominal rent, who is in possession of the property and has not granted leases or other significant rights to others. The person holding under the […]
Boundaries A boundary is a notional line dividing two plots of adjoining land. In a physical sense, it may refer to a boundary object, such as a fence or wall. The physical boundary which need not necessarily mark the legal boundary. Boundaries are established by the acts of owners by statutes and by common law presumptions. Principles of adverse possession […]
Separate Ownership The rights of adjoining owners depend on the nature of the party wall. Where the wall is owned by one, subject to easements for the other, the terms of that easement must be respected. There may be no easements and the wall may be owned by one owner without easements for the adjoining owner. This would not usually […]