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: Property Law
Famous quotes containing the words property, rights and/or people:
“Only the old are innocent. That is what the Victorians understood, and the Christians. Original sin is a property of the young. The old grow beyond corruption very quickly.”
—Malcolm Bradbury (b. 1932)
“Whilst the rights of all as persons are equal, in virtue of their access to reason, their rights in property are very unequal. One man owns his clothes, and another owns a country.”
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“How many people live on the reputation of the reputation they might have made!”
—Oliver Wendell Holmes, Sr. (1809–1894)