Explain and discuss real property concepts - Essay Example

Real Property Concepts Affiliation: The government protects the legal rights and freedoms of its people, real property rights included. The right of ownership does not only include ownership and possession but also usage and enjoyment derived from it. The English common law divides property into real and personal; real property refers to rights to own land and personal property regards chattels (Miller, 2012). Real property stems in a case where one acquires a real action or where one gets the property in in itself such as interests in land.

Personal property applies where one can obtain the property in itself but can also opt to take money worth in lieu of getting the property. This paper examines the real property concepts with regard to ownership, rights acquisition, disposal and transfer. The main difference between land and chattels is that land is immobile while chattels are built or placed on land. The ownership of property, real or personal, is determined by a court of law and arises where a person wants right to them. One can obtain rights that are enforceable by a court of law called the title on property based on the rules within a particular jurisdiction.

The right to use varies from possession to usage and disposal of property. A person is granted rights upon the possession of a product and this is not different in the case of real estate. The law dictates that a person in possession of land can take legal action against another found trespassing on such property (Miller, 2012). This is brought out as a caution and to avoid cases of disorder. The person interfering with such property therefore needs to demonstrate superior right for the court to accede to such interference.

The legal position for the transfer of property is by sale or as a gift. This is from the previous owned consensually to the potential owner and that also means a transfer of title. A will may be used in this case as it allows the distribution of the wealth of the deceased. In the case of a conflict of interest as witnessed in many real estate cases, the courts are called upon to rank the cases and subsequently resolve the conflict (Miller, 2012). These differences mainly arise due to inconsistencies and conflicts nor interest where the owner of the property transfers the valid title to another who is not vetted.

These conflicts may also arise from fraudulent operations or mistakes. The identification of real property follows a verifiable and legal description of such property. The law provides that such description should make use of natural and manmade boundaries such as roads, streams, rivers, fences among others so as to aid in the identification of land (Miller, 2012). The law also recognizes the various interests in real property called estates whose type is determined by the language of purchase through which the property was acquired relating to the deed, bill of sale, will or grand of land.

The rights to estates determine the transferability and duration of use and also differentiate the various types of estates. ReferenceMiller, R. L. (2012). Fundamentals of Business Law: Summarized Cases (9th ed). New York, NY: Cengage Learning.