COML201 WK11 L21-22 Property Law Flashcards
What is property?
Property is something someone owns or is capable of being owned.
Property must be definable, identifiable, and have some degree of permanence.
What are the three characteristics of property?
- Definable
- Identifiable
- A degree of permanance
What is the difference between a property object and property right?
Property object is the property itself, whereas property right is the right to act in a certain way in relation to a property object, or the right to stop others from acting in a certain way in relation to the property object.
What is the difference between ownership and possession?
Possession means physically having something, whereas ownership means that that something belongs to you and you have the rights to it
What are the two main categories of property?
- Real property
- Personal Property
What is real property?
Real property is land, including anything attached to land, such as buildings and fixtures
What are the two forms of personal property?
- Tangible property
- Intangible property
What is tangible property?
Tangible property is property that has a physical form, can be held and/or touched, and is capable of physical possession, however, it excludes land
What is intangible property?
Intangible property is property that does not have a physical form, cannot be held or touched, and is not capable of physical possession.
Ownership of intangible property is a set of rights which do not relate to something with a physical form/something intangible which requires legal action to be realised.