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Simple English definitions for legal terms
property, law of
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A quick definition of property, law of:
The law of property is a type of law that deals with ownership rights of things like land, buildings, and other possessions. It is one of the three main areas of civil law, along with laws about people and laws about obligations. In modern times, civil law is divided into five books, including general principles, obligations, family law, property, and succession. This type of law is concerned with rights that are in rem, which means they are attached to the property itself rather than a person or contract.
A more thorough explanation:
The law of property deals with rights in property, such as personal and predial servitudes, and real security. It is one of the three traditional departments of civil law, along with persons and obligations. In modern civil codes, it is one of five books, including general principles, obligations, family law, and succession. This law concerns rights in rem, which are rights against the world at large, rather than against specific individuals.
- A personal servitude is a right to use someone else's property, such as a right of way over a neighbor's land.
- A predial servitude is a right attached to a piece of land, such as a right to draw water from a well on someone else's property.
- A right of real security is a right to use property as collateral for a debt, such as a mortgage on a house.
These examples illustrate the types of rights that fall under the law of property. They are all rights in rem, meaning they are enforceable against anyone who interferes with them, rather than just against a specific person.