Kinds of Properties
Property is of two kinds:
- Jura in re aliena
- Jura in re propria
Jura in re aliena
- Jura in re aliena means 'Right over other property'.
- These are also known as Encumbrances
- These are right in rem over a res (thing) owned by another.
- The right runs with the things encumbered.
- These are incorporeal property
- This includes Leases, Servitudes, Securities etc.
Jura in re propria
- Jura in re propria means 'Right over the property'.
- These are rights of ownership in one's own property as are not exercised over material objects.
- These can be in material things or immaterial things
- Material things such as lands, chattals etc.
- Immaterial things such as Patents, Copyrights, Trademarks, Designs etc. and material things such as Lands, chattels etc.