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THE LAW OF PROPERTY

1. Definitions and classification


Property is everything which can be owned.
Property (something capable of being owned)

Real property or realty Personal property or personalty

Tangible, that Intangible, that Chattels real Choses in Choses in


is, land itself is, interests in that is, possession, or action, or
land leaseholds chattels rights
(tangible) (intangible)

1.1 Real Property


A. Land
i. the surface of the land and most things growing on it
ii. Fixture, that is, anything permanently attached to the land with the
intention that it remains so
iii. Some of the air space above the land
iv. Everything beneath the surface like subsiold, clays, and scoria, other
than the more valuable mineral like gold silver, uranium, and oil,
which belong to the Crown under statute.
B. Interests in land
These are rights over the land that can be created by contract, statute, will, or
trust. Because this property is intangible, it is sometimes referred to as an
“incorporeal hereditament” which include: freehold and leasehold estates

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