APT - English Legal Terminology
An Introduction to PROPERTY
______ ( Prof. Robert Turk )
2007 / 2008 Academic Year
Introduction to property
 The nature of property
 Various kinds of property
The nature of property
The term 'property' should be viewed beyond mere physical forms or dimensions (not just as a
'physical thing', for example), but rather as a group or set of 'rights and duties' related to
some interest in property. 'Property' can be understood to mean an 'interest' (or a 'group of
interests') that is legally protected. 'Ownership', and even 'possession' of property involves
certain rights and duties on the 'owner' or 'possessor'.
It is sometimes said that ''property includes almost every right, exclusive of personal liberty.''
Various kinds of property
Property may be classified in various kinds or categories:
'personal property' and 'real property' (including 'fixtures')
'tangible property' and 'intangible property'
Any interest in property can be classified using those categories, for example:
Kind of PROPERTY
'Tangible Property'
'Intangible Property'
'Real Property'
land;
buildings;
a 'mortgage';
(related to a 'loan' on land,
or on a building, etc.)
(See page 2 below)
'fixtures' (affixed to land or
to buildings)
an 'easement'
(a right to go across the land)
(See page 2 below)
'Personal Property'
any 'goods':
a 'copyright'; a 'patent'
a book;
an auto;
etc.
© Robert Turk 2002-2008
'shares' in a corporation
Page 1 of 4
APT - English Legal Terminology
(Prof. Robert Turk)
An Introduction to REAL Property
Introduction to real property:



The nature of real property
Various kinds of real property
Transfer of title in real property
The nature of REAL property
The term 'real property' may refer to: -land, and/or any interest in land;
-anything attached to land, such as:
-buildings;
-trees;
-growing crops (as on a farm);
-'fixtures', which are items of personal property that
are so 'affixed' to the land or buildings that they
are understood to be part of the real property.
The nature and kinds of real property
Real property should be understood to mean not just 'the physical thing', such as land or a
building on the land, but the various interests in ownership or possession that may be related
to that 'thing'. For example, land is a physical thing ('tangible' property) which can be
owned and/or possessed, but that same land can also represent an intangible interest in real
property, such as a 'mortgage' or an 'easement'. A mortgage is security for a loan; when you
borrow money, for example, from a bank or loan company to buy land or a house, you may
give an intangible interest in the land or house (to the bank or loan company) as security that
you will re-pay the loan. An 'easement' is a right to go across some land, for example, to get
to the lake, etc.
Transfer of 'title' or ownership in real property
Transfer of title is a much more formal process with regard to real property, as compared with
transfer of title in personal property.
© Robert Turk 2002-2008
Page 2 of 4
APT - English Legal Terminology
(Prof. Robert Turk)
An Introduction to PERSONAL Property
Introduction to personal property:



The nature and kinds of personal property
Incidents or consequences of personal property ownership
Transfer of title in personal property
The nature and kinds of personal property
Personal property should be understood to mean not just 'the physical thing', but the various
interests in ownership or possession that may be related to that 'thing'. For example, a book is
a physical thing ('tangible' property) which can be owned and/or possessed, but that same
book can also represent an intangible interest in personal property, such as a 'copyright'.
Transfer of title in personal property can result …
-by sale:
-in exchange for 'consideration' (for example, the 'price');
-'transfer of possession' is not required at the same time to transfer 'title',
but rather title passes ('transfers') when the parties intend
that it shall pass.
-by gift
-without 'consideration', from the donor to the donee;
-requirements include: 'delivery or 'constructive delivery' of the gift;
'donative intent' (voluntary intent to 'give');
'acceptance' by donee;
-by will (or if a person dies without a 'will', by statutory rules on 'intestate' succession;
here, 'succession' refers to the procedure for tranferring a decedent's (a dead
person's) property; 'intestate' refers to a situation where a person dies without
having prepared a 'will'.)
-by accession (the right to any 'increase' in the property, natural or manmade);
-by confusion (e.g., identical goods are mixed or commingled);
-by possession; what is the order/priority of ownership?
the true owner > (has higher priority than) a finder,
then a finder > (has higher priority than) all other persons.
© Robert Turk 2002-2008
Page 3 of 4
APT - English Legal Terminology
(Prof. Robert Turk)
An Introduction to BAILMENT
Bailment is a legal relationship …
that is created by the transfer of possession
BUT
NOT the transfer of 'title' or ownership
of any 'personal property' (NOT real property)
from the 'bailor' (the party doing the 'bailing' = 'transfering possession')
to the 'bailee' (the party receiving the transfered item)
with duties on the 'bailee':
-'duty of care' while in bailee's possession;
-duty to return the item to the bailor.
Examples:
Your watch is broken, and so you take your watch to a clock/watch repairman to fix it.
You (as 'bailor') transfer 'possession' of your 'personal property' to the repairman ('bailee'), who has a duty
to exercise reasonable care ('duty of care') while it is in his possession, and a duty to return the property to
you.
You rent a car from a rent-a-car firm to go on vacation.
The firm (as 'bailor') transfers 'possession' of its 'personal property' to you as renter ('bailee'). You have
duties both in how you care for the car ('duty of care') and to return the car to the owner (the car rental firm as
'bailor).
© Robert Turk 2002-2008
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