THE NATURE OF THE RIGHT IN PROPERTY LAW THIS

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The nature of the right in property law

The nature of the right in property law



This essay asks the question: what exactly is the right which is described in law as a property right? This question is different to the question: why do we have property rights? The latter question is discussed elsewhere on this site.



The nature of the right in property law


The definition of a right in property

Rights in property take many forms and that is why it is difficult to define what is meant by the right in property. Rights in property can be described and they can be categorised: it is only in that sense that they can be defined. The right in property is not simply a right of dominion in the form of ownership of a particular item of property, nor is it merely a right to receive payment in money if some right in property is contravened by a third person. Rather, rights in property may be either of those two things – if we were to think of them as opposite ends of a spectrum – or anything in between.


Rights in a thing


Rights against other people



The nature of the right in property law as illustrated by examples


Rights in property meaning ownership of property


Rights in property meaning access to property


Rights in property meaning rights to use property


Rights in property meaning possession of rights to control the access to or use of property by others


Rights in property awarded on grounds of conscience or morality


Rights in property acquired by juristic cause, such as a contract


Rights in property meaning rights to protect one’s position


Rights in property traced from rights in other property


Rights in property not yet in existence


Rights in property having value and not substance


Rights in property not attaching to any identified item of property




The possible genesis of the right in property




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Tags: nature of, the nature, property, nature, right