Kinds of property
1. Corporeal and incorporeal property.
2. Movable and Immovable property.
3. Real and personal property.
Corporeal and Incorporeal property
Corporeal property means material things whereas incorporcal
property is any other proprictary rights in rem. Corporcal property can
also be called as tangible property as it has tangible existence in a material
world. It relates to material things for example movables, land and all
things permanently attached to i
Incorporeal property is divided into two classes
(1) Firstly, includes those rights which have been recognised by
law in immaterial things. The recognition and protection of this kind of
incorporeal property has been of recent origin. The importance of landed
property is now supplemented by the growth of new types of wealth. This
is also termed as intcllcctual property. The justification in accepting these
types of property lics in the fact that what a man produces belongs to him
and the immaterial product or a person’s intcllect may be as valuable as
any other material property. Examples of this form of property are patents
literary, artistic, musical and dramatic copyrights and commercial goodwill
which includes trade mark and trade name etc. :
(2) The second class of rights which are also considered property
are the right in re aliena. Some important rights of this class are-(a) Lease,
(b) Servitude,
(c) Securities, and
(d) Trust.
Lease. It is that form of encumbrance which consists in the y
to the possession and usc of property owned by some other person, "eh
the outcome of the separation, of ownership and possession. Inf
Section 105, of the Transfer of Property Act deals with lease, It a
follows-’a lease of immovable property is a transfer of a right to cad
such property, made for a certain time, express or implied or in per say
in consideration of a price paid or promised or of money, a share of cr, i
service or any other thing of value to be rendered, periodically on
specified occasions to the transferor by the transferee who accepts ty
transfer on such terms.’
Lease is different from licence. The main difference lics in’th,
fact that lease creates an interest in property (in favour of the lessey
where a licensce does not create any interest in favour of the licensee jy
the property to which it relates. English courts have recently blurred ig
distinction and have recognised the possibility of possessory licence.
Servitudes, A ‘servitude is that form of encumbrance which
consists in a right to the limited use of a piece of land without the
possession of it, for example, a right of way on the land of another.
“The most distinguishing feature of the right of servitude is that
the possession of land over which it exists. This poin
the lease has the possession of the
docs not give
distinguishes it from the lease where t
subject-matter given as lease.
Servitudes arc of two kinds- (a) Public; (b) Private
A private servitude is one in which the right to use vests in 4
determinate individual or individuals for example a right of way vested in
the owner of one piece of land over an adjoining piece of land. While +
public servitude is that in which the right is vested in the public at larg
or in some class of indeterminate individuals, for example, the right of the
public to a high way over the land in private ownership. Indian Easemex
KXet also recognises the right of servitude,
Securities. This form of encumbrance ensures or facilitates th
fulfilment of enjoyment of some other right (usually though not necessatih
a debt) vested in the same person. Securities arc of two kinds
(a) Mortgages, and (b) Lien.
A mortgage can be created by way of encumbrance as well as b}
way of transfer. Scction 58(a) of the Indian Transfer of Property Ad
defines mortgage as "the transfer of interest in specific immovable
property for the purpose of securing the payment ‘of money......."
‘A lien is a right which is in its own nature a security for a debl
and nothing more, e.g. a right to retain possession of the goods sold unl
the payment of the price is made. Liens are of numerous inds. Charge
is one of them. Section 100 of ‘Transfer of Property Act defines charges
as-"where immovable ropertygot ‘one person is by act of partics a
operation of law made security fer the payment ‘of money to another