Property Law

What Is Property Law?

Property law is a form of contract law that governs the ownership of real property (land), personal property, and intellectual property). It covers who can own land and personal items and how they can use the property.

This area of law comes into play in all areas of society and is part of family law, estate law, and municipal law.

What Are the Types of Property?

There is a distinct difference between personal property vs. real property, and property law covers them both. The types of property law fall into three categories. Let’s look at each one in more detail.

Real property

Real property includes land and things that are attached to land, such as buildings and plants. Rights to minerals below the surface and air space are also part of the property.

Real property owners have the following rights –often called the bundle of rights– as long as they follow their federal, state, and local laws.

• Right of enjoyment to use the property
• Right of exclusion to control who can access the property
• Right of possession to live on the property
• Right of disposition to transfer ownership
• Right of control to modify, destroy, or rent the property, and the right to make legal decisions over the property

It is against a tort law to interfere with another’s enjoyment of their private property.

For example, easements and zoning laws might override some of the owner’s rights to use the property.

Personal property

An owner’s personal property includes tangible and intangible things that are not fixed in place. Examples are:

• Clothing and jewelry
• Furniture and some appliances
• Artwork

• Vehicles such as cars, trucks, and boats

  Bank accounts and investments, including stocks, bonds, and insurance policies

Intellectual property

Intellectual property (IP) consists of inventions or artistic creations that are used in business. Forms of property law that protect IP include:

• Patents on inventions
• Copyrights for creations, including books, music art, computer programs, and films
• Trademarks and service marks

Property Law by State

Although federal law can come into play in some legal disputes, state law is what typically governs property matters. Each state has its own rules and regulations on property ownership and transfers of ownership.

For example, in some locations, real property rights may involve the use of natural resources or the protection of wildlife on the land. Each state also has its own regulations for lost and abandoned property and adverse possession.

This is the right to claim legal ownership of property under certain circumstances, such as living there without hiding for 10 years or more, such as in the state of New York.

It’s important to remember that property laws are not static, meaning they are adapting to societal and technological changes. An example is how states are monitoring the legality of drones. Since drones can enter the air space above property and take photographs, they can be considered as defying property laws.

Also, property associations often restrict property use and set up their own rules that may challenge property laws governing the same local area. The popularity of short-term rentals booked remotely online can also challenge property laws in some circumstances.

Helpful Resources:

What Is Property Law? - Becoming a Property Lawyer

Pitt Law - Introduction to Property Law

The Federalist Society - Developments on Drones, Air Rights, and Takings