Defining Property in Legal Terms

• Author: Alan R. Romero
• Profession: Professor of law and Director of the Rural Law Center at the University of Wyoming College of Law
• Pages: 15-22

Chapter 2

Defining Property in Legal Terms

In This Chapter

▶ Classifying types of property

▶ Examining the basic rights that constitute property ownership

▶ Introducing ways in which ownership rights are adjusted

▶ Considering legal remedies for violations of property rights

Y

ou may call the things that you own your “property.” The law also

sometimes uses the term property in this sense, referring to things

that are owned. Lawyers love to categorize things, and, of course, they’ve

categorized different types of things that may be owned. The first part of this

chapter examines the categories of property.

Of course, the law isn’t really about things; it’s about legal rights in relation to

things. So it’s no surprise that lawyers generally think of property as legal rights

in relation to things rather than as the things themselves. A thing is property not

because of its attributes but because we recognize certain kinds of legal rights

concerning it. Although you could make a long list of different legal rights that

are property rights, this chapter examines the basic types of rights that

constitute property ownership. It also introduces the idea that those rights

may be changed by private agreements and governmental regulation.

Distinguishing between Real

and Personal Property

Anything that can be legally owned may be called property. All property can

be grouped into two main categories: real property and personal property.

Personal property can be further classified as chattels and intangibles. One

reason to know these categories is simply to understand what other lawyers

are talking about. Of course, knowing the categories can also help you decide

which rules should apply to a particular item of property and which remedies

are available for violations of property rights.