Property Law

What is Property?

Property is a legally protected interest in something tangible or intangible. It can be classified into real property (land and attachments) and personal property (movable items and intangible rights). The Bundle of Rights Theory views property rights as a collection of individual rights, including possessing, using, excluding others from, and transferring ownership.

History of Property Law

Property law originated from English common law and developed through feudalism, market economies, and American colonial history. The feudal system transitioned into a system of private ownership. In American history, property law played a role in nation-building (Homestead Act of 1862) but was also used to dispossess Native Americans and justify slavery.

Ways to Acquire Property

First Possession, Adverse Possession, Discovery, Capture, Creation, Gift

Key Doctrines and Concepts

Estates and Future Interests, Rule Against Perpetuities, Co-Ownership

Key Concepts in Property

Ownership and Possession, Legal and Equitable Ownership

Land Use and Zoning

Regulations and Laws, Zoning Controversies

Government's Power Over Property

Eminent Domain, Kelo v. City of New London (2005)

Private Land Use Controls

Easements, Covenants, Equitable Servitudes, Nuisance Law

Transfer of Property

Voluntary Transfers, Involuntary Transfers, Contracts for Sale and Escrow, Title Searches and Insurance

Mortgages and Financing

Mortgage, Types, Foreclosure, Key Considerations

Landlord-Tenant Law

Types of Tenancies, Landlord Obligations, Tenant Obligations, Disputes and Protections

Intellectual Property as Property

Intellectual Property (IP), Patents, Copyrights, Trademarks, Trade Secrets, Ownership and Licensing, Emerging Issues

Environmental and Natural Resource Law

Regulatory Frameworks, Natural Resource Management, Policy Debates

Policy Considerations and Reforms

Access to Affordable Housing, Equity in Property Ownership, Technological Innovations, Proposed Reforms

100. Tom Aulet, co-founder & CEO of Ergatta