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Land Law

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HomeBrud.gifLand Law

Land Law is the form of law that deals with the rights to use, alienate, or exclude others from land.

Property is defined as the control by man over things or an appropriation of certain objects recognized by the society. Possessing property means having a 'right' and 'ownership' over it. Land is the primary property known to man since the beginning of the civilization.

Jurisprudents proposed various theories and kinds of Property, each of which give a different definition for the concept of property. Property can be acquired in many forms.

Eminent domain says that a citizen holds his property subject always to the right of the sovereign to take it for a public purpose.

Escheat is reversion of land to State on failure of heirs of the owner or on his outlawry.

bona vacantia are goods without an apparent owner in which no one claims a property belongs to the State.

Right to own property is dealt in Article 17 of the Universal Declaration of Human Rights, 1948. It says, Everyone has right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. Right to Property is considered a Fundamental Right in many countries.

Possessing property includes the right to use and enjoyment by the owner without any interference from others. Ownership and property are inter-dependent. A man's property is all that is his, in law. Various Theories of Property are proposed in an attempt to define the term 'property'. Further, properties are divided into various kinds.

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