Reasons for the Law to Make Distinctions Between Real and Personal Property
by Reasons for the law to continue to make distinctions between real and personal property, intangible and tangible property come from the history of the common law system on which our American law system is founded on in history. Change is a issue that is to continually be addressed. The need for distinction is for the clarification of these legal issues.
Reasons for the law to continue to make distinctions between real and personal property, intangible and tangible property come from the history of the common law system on which our American law system is founded on in history. Change is a issue that is to continually be addressed. The need for distinction is for the clarification of these legal issues. According to http://www.pvamu.edu/pages/3124.asp,
“The phrase “a man’s home is his castle” was legally rather accurate. That rule concerning title also fit well with pre-existing rules concerning possession and use (see trespass discussion). Both sets of rules were (and are) unequivocal on the extent of the owner/possessor’s unqualified and unlimited rights with having his legal boundaries.” (http://www.pvamu.edu/pages/3124.asp,)
This allows one to peer into the process of how the ownership of property was only titled to the king but then later titled to others.” This speaks about change and the needs of distinction that continually arises in property issues.
A good example of real property is real estate owned by general warrant deed. The owner has 100% equity in the land if it is free of liens. Liens cloud up the title. A tax lien sale, along with other conveyances then raises the question of the need for distinction of personal and real, tangible and intangible property. Structures attached to the property then become part of the real property.
Another example is that if one has a motor home on the land that is sold. The motor home does not attach to the property. This shows a distinction. Another example is the persons clothing, and/or other personal effects. One more example for clarification is the issue of grain or grapes on the property, along with gas property rights, also the rights of copyright laws that interplay into this issue.(Ashcroft& Ashcroft, Part 1, Thelegal System and the Legal Environment of Business, Law Business, South-Western Cengage learning, 16th Edition)
The reasons underlying the distinctions are for the clarifications that reflect different property rights. The basis of our law system has continually evolved to meet the continuing needs for clarification and a clearer definition of the different types of property. The legal process has continued to change and there is a continued need for distinction between property ownership types.
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