Land & Property LAW

Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts. 

Land rights refer to the inalienable ability of individuals to freely obtain, use, and possess land at their discretion, as long as their activities on the land do not impede on other individuals’ rights. This is not to be confused with access to land, which allows individuals the use of land in an economic sense (i.e. farming). Instead, land rights address the ownership of land which provides security and increases human capabilities.  

Ultimately, land law is looking to determine what interests there are in the land and therefore what a person can do with the land. These interests can be impacted depending on whether the land is registered or not registered. Beyond owning an interest in the land, less obvious interests can also come in  minor and overriding interests, equitable interests, covenants, leases & Licenses. 

Consult with a lawyer in ALL LAND  AND PROPERTY MATTERS.