Personal Property Law - Property Rights and Rights To People

Property Rights and Rights To People

Property rights are rights over things enforceable against all other persons. By contrast, contractual rights are rights enforceable against particular persons. Property rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the contractual right to sue for damages, and the property right exercisable over the land. More minor property rights may be created by contract, as in the case of easements, covenants, and equitable servitudes.

A separate distinction is evident where the rights granted are insufficiently substantial to confer on the nonowner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.

Read more about this topic:  Personal Property Law

Famous quotes containing the words property, rights and/or people:

    In the Greek cities, it was reckoned profane, that any person should pretend a property in a work of art, which belonged to all who could behold it.
    Ralph Waldo Emerson (1803–1882)

    Why hast thou lost the fresh blood in thy cheeks,
    And given my treasures and my rights of thee
    To thick-eyed musing and cursed melancholy?
    William Shakespeare (1564–1616)

    A people who are still, as it were, but in the gristle, and not yet hardened into the bone of manhood.
    Edmund Burke (1729–1797)