Proprety and different kinds of property
Property
The term “property” is used in many senses. In the widest sense, property
includes all legal rights a person has—i.e., everything that belongs to a person
under law.
Kinds of Property
Corporeal Property
The other name for the corporeal property is tangible property because it has
a tangible existence. It relates to material things. The right of ownership of a
material thing is the general, permanent and inheritable right of the user of the
property or thing.
Further corporeal property can be divided into two categories-
Movable
Chattels, for example, leases, to cows, to clothes etc are movable property. It
simply includes all corporeal property which is not immovable.
Immovable Property
Land is the primary example of immovable property. As stated by Salmond, it
includes not only the surface but also the ground beneath and the space
above It. The German Civil Code recognizes ownership of both the land and
the airspace above it, while the Air Navigation Act, 1920 ensures the right to
safe possession of airspace at reasonable heights. Under the General Clauses
Act, 1897, immovable property includes land, benefits arising from it, and
things attached to the earth.
Real and Personal Property
two old legal categories of property — mainly used English law.
Real Property means land and things permanently attached to it (like houses,
trees, etc.).
→ It is called “real” because, in old law, a person could recover the real thing
(the land itself) through court.
Personal Property means everything else you can own — movable items (like
money, clothes, cars) or even intangible rights (like debts or shares).
→ It’s called “personal” because you could only recover money or
compensation, not the exact thing itself.
Incorporeal Property
Incorporeal property refers to intangible rights enforceable against others.
These are rights in things without physical existence but recognised by law.
Examples
Easements (like right of way), rights to collect
tolls, mortgages, copyrights, patents, and commercial goodwill
Public and Private Property
Public Property
Public property belongs to the government or community and is maintained
for public use and welfare
Examples
Public parks, government hospitals, roads, community water bodies, and
public buildings.
Private Property
Private property is owned by individuals or private entities and used for
personal or commercial benefit.
Examples
Private houses, commercial trademarks owned by businesses, privately held
shares, private wells.
Ownership of private property is protected by law with specific remedies
against unlawful interference.
Modes of Acquisition of Property (Salmond)
According to Salmond, property may be acquired in four modes —
possession, prescription, agreement, and inheritance.
1. Possession
Possession is the foundation of ownership and represents its physical
realization.
When a person takes possession of an object that belongs to no one, they
acquire ownership — e.g., catching fish or birds. Possession gives a prima
facie title to property, which law protects even against wrongful interference.
However, possession cannot be obtained by force; legal means must be used
to secure one’s right.
2. Prescription
Prescription refers to the effect of lapse of time in creating or extinguishing
rights.
Salmond defines it as “the operation of time as a versatile effect.”
Positive (Acquisitive) Prescription: Acquisition of rights by long, continuous
possession.
Negative (Extinctive) Prescription: Extinguishment of rights or obligations
through the passage of time.
Prescription applies both to property and obligations, as rights may be gained
or lost through continuous use or non-use.
3. Agreement
An agreement is a bilateral act expressing the intention of two or more
persons to alter legal relations. It operates through assignment (transfer of
existing rights) or grant (creation of new rights).
The general rule Is nemo dat quod non habet — no one can transfer a better
title than they possess.
Exceptions:
1. A bona fide purchaser for value without notice of a trustee’s fraud.
2. A transferee acting in good faith from one who is in possession but not
the owner, under certain legal presumptions.
3. Inheritance
Inheritance operates when property passes from a deceased person to their
heirs. It involves the transmission of inheritable (proprietary) rights, while
personal rights generally do not survive.
Inheritance may be:
Testate: Through a valid will.
Intestate: By operation of law when no will exists.
If there are no heirs, the property escheats to the State.