Wednesday, 26 October 2011

Land and Property – Examining Ownership of Property

Property as well as Jamaica property will be defined as the topic matter of ownership. It is sometimes used to indicate the rights that a person might need to use or fancy one thing and sometimes to point the thing itself that he enjoys or uses. Some things are incapable of possession, as an example air and running water in a stream. This stuff are known as "Res Nullius" or things belonging to nobody. Most things in the world are however capable of possession and are therefore classed as "Property."Real and Personal PropertyNearly each system of law in the world recognizes a distinction between Jamaica property and land, that is immovable and typically indestructible and alternative things movable and capable of destruction.Real Property, otherwise known as "Realty", is a term applied solely to freehold interests.Personal Property, otherwise referred to as "Personalty", consists largely of what are called chattels. Leasehold interests are typically known as "Chattels Real".Successive InterestsA person, Mr. X who owned a large farm would possibly provide it to Mr. A forever and on Mr. A’s death to Mr. B forever, and on Mr. B’s death to Mr. C absolutely. Mr. A, Mr. B, and Mr. C would therefore be entitled to successive interests within the farm, one when another.Ownership and PossessionPossession of a chattel involves the right to enjoy and eliminate that chattel. If I own a watch, I will use it as I please, sell it, lend it or offer it away. Therefore long as I take advantage of it, I’m said to have possession of it. If I lend it to X, though I still remain the owner, I have parted with possession and currently X possesses the watch. If a pickpocket steals it from X, X now not has possession, that is currently with the pickpocket.Possession of a chattel is that the physical power to control it: Possession of course, might or could not be plus the correct to possession. In the instance given, the pickpocket has physical possession, but no right. X has the right to possession, however has no actual possession. The owner features a right to possession when the time for that I have lent the watch to X expires.This clarification of possession and possession can not be applied on to Real Property. Solely the King of England (Government of Jamaica) "Owns" land itself. Others have a get entry to that land but don’t own it. Their access the land is called an "estate". As a result of the person to whom the King gave the proper to get pleasure from the land was said to "hold" it, he was known as a "tenant", and his right, a "tenancy". These tenancies were broadly of 2 kinds:(one) Freehold – where there was no time stipulated at which the tenancy ought to end. (a pair of) Leasehold – where there was an exact amount laid down for the tenancy.There are after all totally different principles that may maintain if somebody intends to be buying homes on auction in Jamaica. Possession does not really amendment hands just the ability to divest or sell.It must be recognized that "possession" is usually a question of a "right": possession could be a query of physical fact. Although one talks of "owning" a watch, the possession is one thing quite intangible: It’s merely a right which the law will recognize. This applies both to chattels and realty.Possession on the other hand may be a query of fact, and goes more than actual physical control. I possess my watch whereas it is in my hand, or my pocket, or lying on a table. Possession is so the ability or power to manage and the intention to regulate, also the very fact of actual control.Possession of land cannot, in fact, depend on actual handling. It is the ability and intention to control or use the land that constitutes possession. This means that house auctions in Jamaica are conducted by people who have possession.Corporeal and Incorporeal HereditamentsA term typically used for real property is "Hereditament", and it is normally divided into:1) Corporeal Hereditament two) Incorporeal HereditamentIf someone’s right is to fancy the land itself that is said to be a corporeal hereditament, as a result of the land may be a "corpus" or body, that can be touched or seen. However besides a right to enjoy the land itself, a person may also have a right, perhaps, to steer across his neighbor’s land or a right to have the sunshine coming in through his windows across his neighbor’s land. These rights are said to be "incorporeal hereditaments" as a result of the correct is to something "intangible" that has no "corpus".

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