Real and personal property Essay Example | Topics and Well Written Essays - 2500 words

Real and personal property - Essay Example Property is usually divided into two aspects; the first being the personal property and the second is real property. Real property is usually restricted to matter revolving around land or what is sometimes called ‘in rem’. On the other hand, personal property revolves around chattels or what may sometimes be defined as ‘in personam’. In modern law, property can be examined under a series of models.; the first one amongst these is property as a fact. The second is property as a right and the third is property as a responsibility. In the legal system, real and personal property ownership is governed by property law rights when considering the common law system. In the civil law legal system, there is a distinction between movable and immovable property. Real property is largely encompassed by immovable property while personal property is associated with movable property. Consequently, the rights associated with these types of property are entailed in property law. (Liuzzo & Bonnice, 2005) In legal terms, the process of declaring that certain property belongs to an individual is not adequate enough to constitute property. Instead, this matter is usually all embracing when certain persons need to have their rights to chattels or land respected and enforced by the law. It is essential for one to acquire property legitimately in accordance to the law so as to seek its protection. This is usually acquired by possession of a title to that property. There are a series of differences that arise when one considers the issue of personal versus real property. The most outstanding difference among them is with regard to immobility. Usually, real property can be considered immobile while personal property is mobile. This means that the rule governing the latter’s transference are radically different from those governing the former. Real property