Property law is inscribed in the common law legal system and refers to all aspects of ownership of “real” property (ownership of land as opposed to ownership of movable property) and movable property (movable property) .
The concept of property law has existed since the days of ancient Rome and the Corpus Juris Civilis of Emperor Justinian, which dealt with dividing civil law into three categories: personal status, property, and property acquisition. The concept of property law as we know it today first evolved from the feudal system of France and was the first successful implementation of such a law, called the Napoleonic Code, based on the ideals of Justinian.
Thus, property has gone from being in the hands of the monarchs and feudal systems of the Middle Ages to the full rights of the individual owner. However, civil law to this day still distinguishes between property laws surrounding real estate possessions, such as land, and property laws that pertain to movable possessions, such as clothing, cars, etc.
Current property laws ensure that a person’s legal rights and obligations surrounding their property are protected. It is a branch of law in which it is especially important to be informed, since it directly affects people more than any other sector of the law. The number of lawyers that exist are many; however, do not go to just any attorney for any property-related dispute. Real estate law is a specialized field that requires the skills of a solid professional with prior real estate law experience.
There are numerous complexities, loops, and holes in property law and a property attorney can help you navigate them easily and efficiently. Under property law are several issues, such as the overlap of contract law and property law, property rights vs. personal rights, ownership, transfer of ownership, leases and much more. Property law, then, appears to be a blanket term that applies to any number of topics and settings dealing with both movable property rights and movable property rights.
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