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Property Law - Coggle Diagram

- - - - This could be done with a contract between A and B, but then if B sells his property, A could no longer use the road.
        
        It is better to burden B's property with a real right.
        
        A has the 'dominant land'.. The real right of use would follow with the property.
        
        (This applies to all real rights, they follow with the property.)
        
        These types of real rights are called servitude.
    - - Can be used for parking spaces, Preserving trees, allow the flow of water, etc.
    - - A municipality can sell a plot o land with the real right that it can only be used for building housing.
        
        The new owner does not need to build housing, but cannot do anything else with the land.
  - - - Collecting the yearly harvest.
      - Allowing the use of a car.
      - Collecting rent.
      - Giving the surviving partner usufruct of a house after one's own death, even if the ownership is transferred to the heirs.
        
        Usufruct typically given by way of a will., and end at the death of the usufructuary.
  - - - Typically the long-lessee will have o pay an annual sum
      - Owner can restrict the use of the land.
      - Owner can restrict the trnsferability of the land.
    - - 99 years for example.
  - - - The tenant cannot transfer his tenancy, therefore he only has a 'half-real right'
  - - - often limited to 20 years for patents, anf 70 for copyrights
      - Makes it possible for the public to make use of the intelectual property after the creator has recouped the cost.
    - - Land and resources is limited, the imagination is not.
- - - - Owner
      - User
      - Mortgagee
- - - - this is the real right of the bank.
  - - - This is a great risk to the person acting as security, as they will have to pay the liabilities of the other.
  - - - Unless they are larger like airplanes and ships
- - - - Wether this is justified depends on ones view.
        
        Libretarian view
        
        This is ok, as long as property has a historically justified. distribution, only shifted by lawful and freely entered into transactions. through contracts etc.
        
        Starts from unowned land, transactions and contracts distribute this land. as long as contractual freedom lies at the bottom, every type of distribution must be considered fair.
        
        Egalitarian view
        
        Property must be distributed somewhat equally.
        
        Everyones liberty can only be guaranteed when property is distributed equally to some degree
        
        The extremely poor can not do what they want in life to the same degree as someone with reasonable wealth (middle class)
        
        Fair distribution of assets and human capital (education)
        
        It is ok that some people have more than others, but this must to some degree benefit society.
        
        Progressive taxation.
  - - - If a user of a common good can take the entire benefit, and share the cost with all other users.
        
        Overfishing is an example of this,
        
        Public toilets is another example
      - Tragedy of the 'anticommons'
        
        If access is restricted to only a few people, society will take little benefit from the good.
- - - - An example is the western occupation of native lands in america and australia.
        
        I the past they took it as a given that these lands were "unoccupied" (not owned) and that they could acquire first title.
  - - - Traditional system.
        
        Property passes only at delivery.
      - Consensual system.
        
        property passes when contract is concluded.
    - - Causal system
        
        upon invalidation, the property automatically returns to the seller.
      - Abstract system.
        
        the property has to be separatly returned to the seller
- - - - Three main ways law restricts the freedom over property.
        
        Administrative regulation.
        
        Building regulations, nviormental requirements, tenancy laws etc.
        
        More important for immovable property
        
        Still, drivers license for cars. But this applies not specifically for the owner of a car, but for any driver
        
        One man's right ends, where another man's begins.
        
        'To the exclusion of all others, the owner is free to use the object provided that this use does not violate the rights of any others' - dutch law
        
        One can not do something simply to irritate the neghbors etc.
        
        In addition one can not do something if the proportion between neighbour irritaton and actual use is unbalanced.
        
        One can even be prohibited from destroying ones own property. A painting or building for example. The artist or architect can claim one abuses one's property right.
        
        Community interest.
        
        Property rights can be limited in cases where the common good preveils
        
        The government can expropriate for the public interest, provided the owner is granted a reasonable compensation.
        
        Building a road for example.
        
        In english law, the crown is the true owner of all land, which makes it possible to expropriate.
        
        Through their power tho expropriate, this applies to most other countries aswell. the state is the 'true' owner.
- - - - an owner can give away or sell some rights to the property, and still be the owner of the property.
    - - Can be transferred
      - enforcable against everyone.
      - if the owner sells the house, the other right holders still keep their real rights.
    - - Standardisation and publicity
        
        The law defines a set of real rights up for choice. A menu of real rights one can choose from .
        
        Parties are not allowed to create their own real rights.
        
        in the ccase they could, third parties wouuld not be able to know which rules applied to them .
        
        the law typically defines a set of up to eight real rights that can be sold and transferred as wished.
        
        Publicity.
        
        It must be possible to know which real rights are tied to a property, and to whom they belong
        
        a public register can help with this, making it possible to search up the owner of land
        
        the torrens system is best at this
        
        Only a change in the register will imply an actual transfer of the property or of a real right tied to the property.
        
        Difficult to use outside of immoveable property.
        
        for moveable property, one instead assumes tha the possessor is the owner.
        
        This means that a stolen good can be bought legally as long as the buyer is unaware that the good was stolen.