UNIT 10. PROPERTY LAW

Lead-in

1. What comes to your mind when you hear the term “property”?

2. Give examples of property.

3. Do you personally possess any property?

4. Is it important for people to have property? Why?

Part I. The Legal Meaning of Property

If the ordinary person in the street was to be asked to define 'property', it is not difficult to

imagine the type of answer one might receive. 'Property', it will be said, 'is something tangible

such as my house, my land, my car' and other identifiable objects that come to his memory. The

central characteristic of the lay person's definition of property is the emphasis on objects or

things as representing property. From a legal perspective, the lay person's response is inaccurate

for two reasons. In the first place, the lay definition of property confuses the concept of property

with the objects of property and the property relationship. Secondly, the definition attempts to

focus on objects of property that are predominantly tangible in nature whilst the truth of the

matter is that, in contemporary property law, objects of property are increasingly becoming

intangible. How do property lawyers define property? In law, property lawyers treat the notion

of property as one relating to rights to or over things. Property is not the thing itself but the right

in or over the thing or object in question.

Most legal systems making a fundamental distinction between land on one hand and

everything other than land on the other, rights in land are collectively referred to as real

property, whilst rights in everything else are referred to as personal property. This distinction

arose in the Middle Ages because a person who was dispossessed of real property could bring

what was known as a real action to regain possession of the land. A person dispossessed of

personal property could only bring a personal action, that is to say that he could only bring an

action against the person who had dispossessed him, rather than an action which gave him the

right to recover the property itself.

Real property .

The idea of real property consists of proprietary rights in land. The law of real property

governs the rights and liabilities of persons who have such rights in land. The law is also

concerned with the manner in which such rights are created and transferred. There is no doubt

that the law of real property is a difficult branch of property law. The difficulty stems from the

very nature of land, which, unlike other resources in which property rights can exist, is unique in

nature. Another reason for the inherent complexity in the modern law is that the law itself is

deeply rooted in historical concepts and principles. Despite the fact that we live in the twenty-

first century, the law of modern real property has its roots in concepts dating back to the Middle

Ages and beyond.

In law, the word real means relating to a thing (from Latin: realis "actual," res, "matter,

thing"), as distinguished from a person. The conceptual difference was between immovable

property, which would transfer title along with the land, and movable property, which a person

would retain title to. The oldest use of the term "Real Estate" that has been preserved in

historical records was in 1666.

Real property is land and ordinarily anything erected on, growing on, or affixed to it,

including buildings and crops. The term is also used to declare any rights that issue from the

ownership of land. The terms real estate and real property generally refer to land. The term land,

in its general usage, includes not only the face of the earth but everything of a permanent nature

over or under it, including minerals, oil, and gases. In modern usage, the word premises has

come to mean the land itself or the land with all structures attached. Residential buildings and

yards are commonly referred to as premises.

Personal property.

Personal property (also referred to as movable property, movables and chattels) is anything

other than land that can be the subject of ownership. This is a type of property which, in its most

general definition, can include any asset other than real estate. The distinguishing factor between

personal property and real estate is that personal property is movable. That is, the asset is not

fixed permanently to one location as with real property such as land or buildings. Examples of

personal property include vehicles, furniture, boats, collectibles, etc.

Personal property can be divided into two major categories: tangible (corporeal) and

intangible (incorporeal). Tangible property includes such items as animals, merchandise, and

jewelry. Intangible property includes such rights as stocks, bonds, patents, and copyrights.

The difference between real property and personal property is ordinarily easily recognizable.

The character of the property, however, can be altered. Property that is initially personal in

nature becomes part of realty by being annexed to it, such as when rails are made into a fence on

land.

In modern real estate law, real property can be conveyed by a deed, with the intention of the

person conveying the property, the grantor, that the deed take effect as a conveyance. The deed

must be recorded to give notice as to who legally holds title to the property.

Active Vocabulary

property 1. собственность, право собственности;

2. объект права собственности, имущество

tangible property

(syn. corporeal)

материальная собственность

intangible property

(syn. incorporeal)

нематериальная собственность

lay person обычный человек (без специального юридического

образования)

distinction различение, разграничение, отличительная особенность

to distinguish

(syn. to make distinction)

проводить различие, отличать

real property

(syn. real estate)

недвижимое имущество, недвижимость

personal property личная собственность

to dispossess of smth. лишать чего-либо

possession владение

to regain possession возвращать владение

proprietary rights права собственности

to be rooted in уходить корнями в

to date back to (from) вести начало (от чего-либо), восходить (к определенной

эпохе)

immovable property недвижимое имущество

movable property

(syn. movables, chattels)

движимое имущество

premises зд. владения (земельные)

deed документ за печатью

conveyance 1. передача прав, имущества; 2. документ о передаче

прав или имущества

deed of conveyance акт о передаче правового титула, акт отчуждения

Vocabulary Focus

I. Read the text and choose the word or word combination from the box to fill in the

gaps(some words may be used more than once):

intellectual property, tangible property, intangible property, immovable property,

movable property, real property, personal property, land

Types of property

Most legal systems distinguish between different types of property, especially between land

(…………..or ………….) and all other forms of property - goods and chattels (………….

or………….). They often distinguish tangible and intangible property.

One categorization scheme specifies three types of property:…………., improvements

(immovable man made things) and ………….. (movable man made things). In common law,

………….. is the combination of interests in land and improvements thereto and ………….. is

interest in movable property.

'Real property' rights are rights relating to the land. These rights include ownership and

usage. Owners can grant rights to persons and entities in the form of leases, licenses and

easements.

Later, with the development of more complex forms of non-tangible property, personal

property was divided into ………….. (such as cars, clothing, etc.) and ………….. (such as

financial instruments, including stocks and bonds, etc.), and ………….. (including patents,

copyrights and trademarks).

II. Complete the table with the words from the text using their related forms (where possible):

Verb Noun Adjective

distinguishing

definition

possession

property

to create

to confuse

real

conceptual

movable

to alter

to convey

III. Match the terms to their definitions:

1. personal property a) legal document that grants the bearer a right or privilege,

provided that he or she meets a number of conditions in

order to receive the privilege - usually ownership

2. intellectual property b) the area of law that governs the various forms of

ownership in real property and in personal property, within

the common law legal system

3. property right c) transfer of title to property from one person to another;

the document by which a property transfer is effected

4. property law d) everything that is the subject of ownership that does not

come under the denomination of real property; any right or

interest that an individual has in movable things

5. land e) a term that refers to any type of right to specific property

whether it is personal or real property, tangible or

intangible

6. deed f) the term comprehends any earth whatsoever, it has an

indefinite extent upwards as well as downwards

7. conveyance g) intangible rights protecting the products of human

intelligence and creation

IV. Which word is odd?

1. property concept roots in, dates back to, describes, manufactures, introduces, develops

2. immovable property, real property, real estate, personal property

3. state property, tangible property, community property, common property, private property

4. personal property, moveables, chattel, incorporeal property, moveable property

5. to hold, to create, to transfer, to regain, to arise, to obtain the right

V. Give the synonyms for these words using active vocabulary:

ordinary person, answer, mix up, concentrate on, modern, difference, derive from, constant,

main, change, in the beginning, be transferred.

VI. Answer the following questions:

1. What is the main feature of a lay person’s definition of property?

2. Why is this definition inaccurate?

3. How do property lawyers define property?

4. What is the difference between real and personal property?

5. Why is it difficult to study property law?

6. What is the etymology of the term “real property”?

7. Give examples of real property objects.

8. How do you distinguish between “land” and “premises”?

9. How can you define personal property?

10. What items and rights are included into personal property?

11. How is real property transferred?

Grammar Focus

ABSOLUTE PARTICIPIAL CONSTRUCTION

The syntax of official or legal documents is characterized by the frequent use of non-finite

forms – Gerund, Participle, Infinitive (Considering that…………..; in order to achieve

cooperation in solving the problems…………..), and complex structures with them, such as the

Complex Object (We expect this to take place), Complex Subject (This is expected to take

place), and the Absolute Participial Construction (The conditions being violated, it appears

necessary to state that…………..).

The latter consists of two elements: a noun/pronoun + Participle I in any of its forms.

Both elements form a syntactical complex which can mainly be used to denote:

1) time (modifier of time):

All matters being thus settled, they returned to NY.

2) condition (modifier of condition):

Time permitting, the Board may address the other issues already identified or

other additional topics.

3) cause (modifier of cause):

A motion to accept the committee report not being necessary, the Board voted

to approve the charter as presented.

The construction is typical of written English and is widely used in legal texts, but short

absolute expressions are not rare in spoken English as well, especially in spoken educated

English: We are planning to go to the beach this weekend, weather permitting.

Sometimes the construction is preceded by a preposition (prepositional participial

construction): This is an outline application with all matters being reserved for future

approval.

VII. Skim the text quickly to find an example of an absolute participial construction and

identify its function.

VIII. Identify the absolute participial construction in the following sentences borrowed

from legal texts. Translate them into Russian:

1. The period provided in the rent review clause elapsed, no counter-notice being served.

2. The court having agreed to the opinion of the Chief Justice, the mandamus was

withdrawn.

3. A decree of nullity of marriage being granted, the court may, on application made under

this section, make one or more property adjustment orders in relation to the marriage.

4. The various authorities having been reviewed at length, it is necessary to form the

correct approach to a deeming provision in a rent review clause in the light of those

authorities.

5. An annual meeting of the Board of Directors shall be held immediately after and at the

same place as the annual meeting of stockholders, no notice other than this Bylaw being

necessary.

6. The Board of Supervisors reserves the right to fill vacancies in positions by hiring

persons best suited for such positions, all factors being considered.

IX. Rewrite the following sentences using the absolute participial construction instead of

the italicized part to make them even more formal:

1. Due to the fact that each clause was framed as a separate paragraph, it enables the reader

to attach equal importance to each of the items mentioned.

2. As all matters were discussed, the meeting was adjourned.

3. As long as time permits, assistance will be provided to create an e-mail account.

4. While other things are equal, the demand for a commodity will tend to vary.

5. As no motion is necessary, the Board voted unanimously to file the recommended

comment.

6. After these points were determined, the Board of Trade wrote letters to Belcher.

7. As the jury decided in my favor, I went out and bought a bottle of champagne.

X. Render the texts from Russian into English:

Имущество – совокупность имущественных прав юридического или физического

лица, материальный объект собственности. Различают движимое и недвижимое

имущество. По гражданскому законодательству РФ к недвижимости относится все, что

связано с землей, то есть объекты, перемещение которых без ущерба для их назначения

невозможно. Например, леса, здания и сооружения. В соответствии со ст. 130 ГК РФ к

недвижимому имуществу относятся также подлежащие государственной регистрации

воздушные и морские суда. Движимое имущество (движимость) – это имущество, не

отнесенное законом к недвижимости, то есть не связанное с землей, не прикрепленное к

ней. К движимости относятся вещи, животные, деньги, обязательственные права, ценные

бумаги, долговые свидетельства (закладные).

Право собственности —совокупность правовых норм, закрепляющих

принадлежность вещей отдельным лицам и коллективам. Существует две основных

традиции понимания права собственности. Континентальная традиция рассматривает

право собственности как неограниченное и неделимое, сосредоточенное в руках одного

лица. Англосаксонская традиция разделяет право собственности на составляющие,

которые являются расширенным (по сравнению с классической отечественной триадой)

перечнем правомочий собственника, состоящим из 11 элементов, включая, в том числе

право завещания, дарения, разрушения и продажи вещи. В российском гражданском праве

традиционным является представление о субъективном праве собственности как о

совокупности, «триаде» трех правомочий: владения, пользования, распоряжения.

Additional Reading

Text 1. Read the following text and say whether the sentences below are true or false:

Types of Property: Private, Common and State

Most Western legal traditions differentiate between three broad categories of property -

namely, private, common and state. Sometimes the difference is simply said to be between

private and non-private property. What makes these categories branches of a conceptual tree is

that they all refer to rights recognised and enforced by the state through law. What distinguishes

one from the other depends on the nature of the right and the persons to whom the right is given.

At the heart of the matter there is the ever-continuing political debate as to who should control

the material resources in so far as the means of production, distribution and exchange. What

resources should be vested in private control and what in state control are issues influenced by

political economy. Socialist regimes would argue for a balance between state and collective

property whilst capitalist would prefer a greater shift to private property.

The idea of private property revolves around the fact that a resource or material object in

question belongs to some individual or individuals. The individual has the power to determine

how the object shall be used and by whom. His power to do so is recognised and enforced by the

state. The hallmark of a private property regime is that the individual has the right to exclude

others from the enjoyment or benefit of the object or thing in question. In correlation to this,

others are required to respect his private property and enforcement is made through appropriate

trespassory rules. It is often said that examples of private property include 'my car, my house and

other objects that belong to me'. Yet, property lawyers analyze property in terms of rights to

things as opposed to things themselves. My house belongs to me because I have ownership in it,

and, thus, my private property in this case is my ownership of the house.

Common property differs from private property in that the resource in which an individual is

given a right is not exclusive to him alone. Society recognises that certain resources cannot in

principle – and neither, for that matter, practically – be given to the exclusive use of individual.

Examples of common property, and thus, what makes it different from private property, is that

individuals are given the right to use but they have no rights to exclude others from the

enjoyment of the resource. Instead, they have the right not to be excluded from the benefit of a

particular resource. It is important to understand that, whilst private and common property differ

in nature in the sense of exclusion of others and the right not to be excluded respectively, both

are examples of individual property rights. That is to say, in both cases the state creates and

enforces both private and common property, but the property (that is, the right) belongs to

individuals. It is often difficult to accept that common property constitutes individual rights. The

main objection seems to be that common property is restricted in terms of use. For example, I

may have the right to the use of common land or a public park, but the state or its agents will

invariably restrict my use. I have the right to walk in a public park but my visit to the park may

restrict me from using a metal detector to dig up objects from the soil. Yet this is no objection in

denying common property the status of individual property. Even in the context of private

property - for example, the ownership of my car - such a right is restricted. I have the right to

drive my car but not at speeds above those stated by law and neither on my neighbour's land.

Whilst private and common property concern individual rights to resources given and

enforced by the state, the idea of state property does not entertain any question of individual

rights. The idea of state property is not always clear-cut and different writers have attached

different meanings to it. At one level state property can be said to be rights to resources, which

the state has created and kept to itself. Thus, examples would include state factories, state-owned

buildings and state enterprises. The state has the right to use these resources and such a power to

do so may be vested in its agencies. In this respect, state property is similar to private property in

the sense that the resources in question are the private property of the state. State property is,

however, also used to describe a situation where certain material resources are vested in the state

and allocated by the state amongst its citizens on the basis of the collective interests of society as

a whole. Examples in this respect, include housing, education, transport and health where powers

are vested in the state and its agencies.

1. The distinction between private and state property lies mainly in the sphere of political

economy.

2. The analytical framework of private property is built around the concept of ownership.

3. Capitalist regimes deny the idea of collective property.

4. Lawyers and lay people analyze property in different terms.

5. The right to exclude the others from proprietary rights is essential for common property.

6. We cannot say that common property belongs to individuals because our use of this

property is restricted.

7. Such resources as housing and transport are the private property of the state.

8. It may be said that the notions of private and state property have something in common.

Answer the following questions to the text:

1. What distinguishes three main types of property one from the other?

2. What is the key idea of private property?

3. What place does the notion of the exclusion of others occupy in the concept of common

property?

4. What types of property constitute individual rights and which do not?

5. Why is the idea of state property not always clear-cut?

Text 2. Read the text and choose the best sentence to fill each of the gaps. There is one extra

sentence which you do not need to use:

Tangible Property: Land and Goods

For centuries the most highly prized object of property in the common law world was land.

The importance of land in property law cannot be ignored and, despite its relative declining

importance as compared with other types of objects in modern times, land dominates the

discussions in property law. Until the end of the nineteenth century land was both a key to

political power and wealth. However, for institutions and individuals with serious wealth, land

has lost its central role. 1 ………..

Whereas from early times land was the dominant object in which proprietary rights could

be sustained, the same was not true for goods.2……….. It is for this reason that the law relating

to goods, as compared with that of land and intangibles, until relatively recent times remained

underdeveloped. It certainly did not form the subject-matter of property law curriculums in law

schools and neither did the library shelves boast volumes of literature on the subject. One

commentator writes, 'this traditional legal distaste for the law of goods has often been ascribed to

the fact that goods, except when traded en masse, are relatively low in value compared to land

and intangibles. 3……….. Things changed in the latter part of the twentieth century. There is

now a growing recognition that the law of goods represents a substantial part of the law of

property. 4……….. At one time the law of goods was governed by the Sale of Goods Act 1893,

which for all purposes governed the market transactions of goods. The Act did not govern many

of the other types of property interests that were capable of existing in goods, such as bailment,

security transactions, hire purchase and other matters relating to title by finding lost and

abandoned objects and treasure trove. Although the Sale of Goods Act 1979 went some way to

redressing these matters, the essence of the 1979 statute again was to govern the sale of goods.

Instead the common law covered matters such as bailment and so forth. 5……….. For example,

it is now recognised that where goods form part of a bulk and are unascertained, buyers of the

goods are capable of acquiring co-ownership interests until such time as the goods are

ascertained to the particular contracts in question.

A. However, a more accurate way of putting it might be to say that the law of goods is poor

people's law.

B. More recently, the types of property interest that are capable of existing in goods have

expanded.

C. Land used to be the preeminent form of wealth and opened the door to high social status

and political power.

D. For the mega-wealthy, land has become just one species of investment, just as agriculture

has become just one more industry.

E. There is also a steadily growing body of literature on the subject-matter.

F. In comparison with other objects that make up a person's wealth, goods do not generally

appear at the top in terms of value.

Text 3. The paragraphs in the text below are jumbled up. Put them in the logical order:

Intangible Property

1. It is not unusual for a person to acquire shares in a public company; indeed, many of the

employees of such companies today have schemes that allow them to acquire such shares at

discount prices. A company share entities the owner to share in the profits of the company. By its

nature a share is an intangible form of property that is not dependent on possession.

2. A person's wealth today is comprised of an increasing amount of intangible rather than

tangible property. By this it is meant that the types of resources, assets or objects to which claims

are made are represented in an intangible form.

3. A very special class of intangible property consists of what is commonly known as

intellectual property. It includes items such as patents, copyright, trademarks, and registered

industrial designs and know-how.

4. Other examples of intangible forms of wealth include claims under an insurance policy,

debts and claims to money. A debt is an intangible thing in which a proprietary claim can be

sustained; furthermore, it is capable of assignment.

5. The significance of these forms of wealth cannot be underestimated as they form a

substantial medium through which revenue is generated. These forms of wealth demonstrate that

the nature of value in property no longer lies in its use value but rather in its exchange value.

6. On a related matter, further examples of intangible property include documentary

intangibles: these are instruments or documents embodying an obligation on a person to pay a

specified sum of money on presentation of the document. For example, a bill of exchange

obliges the drawee of the bill to pay a specified sum of money on presentation of the bill.

Text 4. Read the text and choose the correct answer:

What is My Right of Entry to My Leased Rental Property?

Right of entry is a confusing issue for many landlords. The natural impulse of landlords is to

protect their property; if they suspect damage is being done, they quite naturally want to enter

their own property to investigate. However, most states require you to notify your tenants in

advance before you can enter a rented dwelling, unless there is an emergency.

Most states require you to give a minimum of 24 hours' notice, while some states allow a

shorter period of advance notice - as little as two hours, in some cases. Bear in mind that your

idea of what constitutes reasonable notice might be different from your state's legal definition; be

sure to research your state's requirements before you take any action.

You must give notice almost any time you wish to enter the rented dwelling - even to

perform repairs. You will also need to give your tenant notice before a repair specialist can be

granted access to the property, unless there is a specific emergency.

In addition to your notice before entry, you must enter the property during reasonable hours.

Many states specify that entry can only be made during normal business hours, unless there is an

emergency. This means that you would only be able to access the property between the hours of

9 a.m. and 5 p.m., unless the tenant grants you permission.

Some states only specify that entry should be made during "reasonable times." Most people

take this to mean that you may not enter your property in the middle of the night, except in the

case of an emergency.

In some instances, your tenant may refuse you access to the property, even when the required

amount of advance notice is given. If this happens to you, stay calm, and do not try to force your

way into the unit. Instead, try to make a peaceful attempt to gain entry, such as making another

entry request - with sufficient advance notice, of course. If this fails, contact your local law

enforcement to assist you in entering your rental property safely and legally.

By following your rights as a landlord and not overstepping your legal right of entry, you can

protect yourself against any claims that you have entered a dwelling illegally.

As mentioned above, an emergency almost always supersedes the usual notification process.

An emergency is usually defined as a gas or water leak, the smell or indication of smoke, a fire,

or other issue that puts your tenant or your property in immediate danger. Some landlords have

abused this emergency provision by claiming to smell gas in order to facilitate entry into a rental

unit, so you will need to thoroughly document your reasons for entry. Whenever possible, have a

witness that can attest to the emergency.

If your tenant has abandoned the property, you will not need to worry about your right of

entry. But you should be sure the tenant has actually vacated the dwelling before you enter. If

your tenant is simply on vacation, this does not give you the right to enter unlawfully.

While some landlords feel that the right of entry law is unfair, especially since they own the

property, these laws exist to protect the interests of tenants. Remember, as a landlord, you are

required to guarantee your tenant's quiet enjoyment of his or her dwelling. Even if your motives

are irreproachable, entering your tenant's dwelling unannounced clearly violates the covenant of

quiet enjoyment.

Your rental agreement should also spell out your policy on your right of entry. State how

much notice you will give your tenant and what emergencies will make this notice period void.

Including this in your agreement will lessen the chance of a misunderstanding and inform the

tenant not only of their rights, but of your rights as the legal owner of the property.

1. What is the main idea of the passage?

a) The right of entry is confusing

b) There are a number of restrictions for the landlord’s right of entry

c) Landlords should enter the leased property only during business hours

d) The rights of both a tenant and a landlord must be protected

2. Which statement is true?

a) Some people who lease the property oppose to the rules of entry

b) Your entering the leased property violates the tenant’s right for privacy

c) A landlord can never enter the dwelling without a proper notification

d) If it seems to the landlord that he smells gas, it makes the notification void

3. Which statement contradicts the text?

a) The period of advance notice differs from state to state

b) A detailed rental agreement may reduce the possible tension between a tenant and a

landlord

c) There are situations when you do not need to notify the tenant about your entry

d) If your tenant is on vocation, it means that your property is vacated

4. You are obliged to notify the tenant about your entry

a) 24 hours in advance

b) when you plan to enter your property late in the evening

c) with an advance notice of two hours in some cases

d) giving a notice at a reasonable time in advance

5. If the tenant refuses to let you into the leased unit, you will

a) inform the tenant of your rights as a legal owner of the property

b) retreat and try to enter your property later

c) will have the right to enter it without his permission because you are the owner

d) immediately call the police and enter the property together with a law enforcement

officer.

Speaking

I. Orally paraphrase the following text for a client, explain in simple words the rights he or

she has as far as his/her property is concerned, illustrate the legal terms with an example:

Wrongful interference with private property amounts to a trespass for which the owner has the

right to recover his land as well as the remedy of an injunction and damages. The holder of a

proprietary right such as a right of way has the right to stop all others from preventing him using

the right of way which has been granted to him. Wrongful interference constitutes the tort of

nuisance and the holder of a right of way can seek an injunction and damages to compensate him

for any loss suffered. It is thus apparent that the particular property right will determine the cause

of action against others in question.

II. Comment on the following sayings:

1. Property is organized robbery (George Bernard Shaw).

2. Property is the fruit of labor; Property is desirable; it is a positive good in the world (Abraham

Lincoln).

3. Where there is no property there is no injustice (John Locke).

4. By abolishing private property one takes away the human love of aggression (Sigmund

Freud).

Part II. Concept of Ownership

The most predominant right a person can have in a thing is the right of ownership.

Ownership usually carries with it a number of incidents, the most common of which is the right

to possession of the thing in which ownership is held. Ownership is a de jure relationship

between a person and a thing. This simply means that ownership is a question of law. Possession,

on the other hand, is a de facto relationship between a person and a thing. Possession is a

question of fact; it does not necessarily mean that a person in possession is the owner of the thing

in question. Although it is quite normal for ownership and possession to go hand in hand, it need

not be the case. A person may have possession without having ownership in the thing in

question. For example, it is quite possible for a thief to have possession without ownership, or an

agent to have possession without ownership. Possession without ownership can occur lawfully,

for example, in the case of a bailment of goods.

Forms of ownership

Ownership can manifest itself in a number of forms. The most obvious form of ownership is

that vested in one person at a given time. Usually this person is the sole owner and as such is

the person entitled to the greatest right in the thing in which he has ownership. However, in

practice ownership is usually not vested in one person alone; it is quite possible for ownership to

be shared by more than one person. Ownership may be given to two or more persons either

concurrently or consecutively. Concurrent ownership is ownership given to more than one

person at the same time. It is usually said that there exists a state of co-ownership and such co-

ownership can take one of two forms: that is, a joint tenancy or a tenancy in common. The

difference between a joint tenancy and a tenancy in common is relatively simple. A joint tenancy

involves ownership of a thing by more than one person without any one of the joint tenants

having a defined share in the thing. Collectively the joint tenants are a single owner, each

entitled to the whole of the thing as much as the other. The right of survivorship is a cardinal

feature of a joint tenancy and holds that on the death of one joint tenant the remaining joint

tenant or tenants become entitled to the whole. There is nothing that a joint tenant can pass onto

his next of kin or any other person in a will.

In contrast, a tenancy in common exists where co-owners have an undivided share in the

subject-matter of ownership. Thus, no tenant in common is entitled to the whole but only to a

share. This type of co-ownership is particularly useful in the context of personal property. No

right of survivorship applies in the case of a tenancy in common, so that on the death of one

tenant in common his share is capable of passing in accordance with the rules of succession.

In contrast to co-ownership, consecutive ownership is ownership split amongst more than

one person on a temporal plane. For example, something may be given to A for life (the tenant

for life) and thereafter to В (the remainderman). Such consecutive ownership was a very

powerful tool in preserving property, predominantly land within the family. Personal property

was never subjected to the same degree of consecutive ownership, as was land. This was also a

reason for the separate rules relating to the consecutive ownership of land, also known as a

settlement. Settlements of land played an important role in the eighteenth and nineteenth

centuries as means of passing land from one generation to another. In so far as personal property

is concerned, it has never been subjected to consecutive ownership as is the case with land.

Active Vocabulary

ownership собственность, владение; право собственности

right of ownership право собственности

bailment залог, временная передача имущества на хранение

to vest наделять (правами, имуществом)

concurrent ownership общая собственность

co-ownership совместное владение

joint tenancy общая совместная собственность

tenancy in common общая долевая собственность

right of survivorship право, возникающее вследствие смерти

next of kin ближайший родственник

rules of succession правила правопреемства

consecutive ownership «переходящая» собственность, собственность

последующего права

tenant зд. владелец (недвижимости), собственник

tenant for life пожизненный собственник

remain derman субъект последующего имущественного права, субъект

«выжидательного» права собственности

settlement акт распоряжения имуществом (в пользу кого-либо)

Vocabulary Focus

I. Read the text and choose a word or a word combination from the box to fill in the gaps

(some words may be used more than once):

the deed, an undivided interest, a definable share of the property, right of survivorship,

joint tenancy, to dispose of his share, the purchase of property, tenancy in common, the

survivors

Concurrent Estates

A concurrent estate exists when property is owned or possessed by two or more individuals

simultaneously. The two basic types are 1 …………..and 2 …………...

3 ………….. is a type of concurrent relationship whereby property is acquired by two or

more persons at the same time and by the same instrument. A common example is 4 …………..

such as a house by two individuals. 5 …………..conveys title to "A and B in fee absolute as

joint tenants." The main feature of a joint tenancy is the 6 …………... If any one of the joint

tenants dies, the remainder goes to 7 ………….., and the entire estate goes to the last survivor.

8 ………….. is a form of concurrent ownership in which two or more individuals possess

property simultaneously. The individuals do not own 9 ………….. in the property, but rather

each individual has 10 …………... One of the tenants may have a larger share of property than

the others. There is no 11 ……………….., and each tenant has the right 12 ………….. by deed

or will.

the right of property, possession, the right of possession

The three elements of title are possession, the right of possession, and the right of property.

1………….. is the actual holding of a thing, whether or not one has any right to do so.

2………….. is the legitimacy of possession (with or without actual possession), the evidence for

which is such that the law will uphold it unless a better claim is proven. 3…………..is that right

which, if all relevant facts were known (and allowed), would defeat all other claims. Each of

these may be in a different person.

II. Which word is odd?

1. tenant, landlord, owner, next of kin, co-owner

2. ownership, real property, possession, title

3. unusual tenant, joint tenant, tenant in common, tenant for life

4. to give, to pass, to make, to grant, to regain ownership

III. Translate the following sentences into English:

1. Право собственности может быть дано двум и более людям одновременно или

последовательно.

2. Право собственности – это юридические отношения между человеком и вещью.

3. Владение характеризует фактические отношения между человеком и вещью.

4. К общей долевой собственности неприменимы правила правопреемства.

5. При общей совместной собственности несколько собственников имеют право

собственности на вещь целиком, и ни один из них не имеет определенной доли в данной

вещи.

6. Собственник общей совместной собственности не может передать ее по наследству

своим ближайшим родственникам или распорядиться ею в завещании.

7. В отличие от общей собственности «переходящая» собственность распределяется

между собственниками во времени.

8. Переходящая собственность раньше являлась мощным инструментом сохранения

недвижимости в семье.

IV. Fill in the gaps with prepositions:

1. The right of ownership means that a person is entitled …………..the right …………..the

thing in which he has ownership.

2. A joint tenant can pass nothing ………….. his next ………….. kin.

3. ………….. contrast ………….. a joint tenant, a tenant in common has an individual share

…………..the subject matter of ownership.

4. Rules related …………..the consecutive ownership are known ………….. a settlement.

5. Consecutive ownership is usually spilt ………….. more than one person.

6. Personal property has never been subjected ………….. consecutive ownership.

7. A person ………….. possession is not necessarily the owner of the thing …………..

question.

8. ………….. the death of a tenant in common his share may be passed in accordance

………….. the rules of succession.

V. Answer the following questions:

1. What is a de jure relationship between a person and a thing?

2. What is a de facto relationship between a person and a thing?

3. Is it possible to have possession without having ownership in a thing?

4. How many persons can have ownership over a thing?

5. What are the main forms of ownership?

6. Where does the difference between joint tenancy and tenancy in common lie?

7. How can you characterize consecutive ownership?

8. Why did consecutive ownership appear?

VI. Read the text below paying special attention to the words in italics. Then render the text

from Russian into English. Try to use as many words in italics as possible:

Possession is a property interest under which an individual to the exclusion of all others is

able to exercise power over something. It is a basic property right that entitles the possessor to

continue peaceful possession against everyone else except someone with a superior right. It also

gives the possessor the right to recover personal property (often called chattel) that has been

wrongfully taken and the right to recover damages against wrongdoers.

To have possession an individual must have a degree of actual control over the object,

coupled with an intent to possess the object and exclude others from possessing it. The law

recognizes two types of possession: actual and constructive.

Actual possession exists when an individual knowingly has direct physical control over an

object at a given time. For example, an individual wearing a particular piece of jewelry has

actual possession of it. Constructive possession is the power and intent of an individual to

control a particular item, even though it is not physically in that person's control. For example,

an individual who has the key to a bank safe-deposit box, which contains a piece of jewelry that

she owns, is said to be in constructive possession of the jewelry.

Владение представляет собою "держание предмета в своей власти, обладание".

Например, владение землей. Но в юриспруденции под "владением" понимается не всякое

обладание вещью, а только такое, которое имеет юридическое значение, т.е. охраняется

законом от нарушения. Всякое иное обладание, не снабженное юридической защитой,

называется держанием. Владение является одним из правомочий собственника и создает

возможность непосредственно воздействовать на вещь, а также в судебном порядке

требовать возвращения незаконно изъятой вещи или возмещения убытков.

Владение вещью не предполагает, чтобы собственник находился с ней в

непосредственном соприкосновении. Например, уезжая в командировку, собственник

продолжает оставаться владельцем вещей в своей квартире, так как у него есть

полномочия и намерение владеть данной вещью.

Владельцами могут быть: 1) истинный собственник вещи, 2) лицо, ошибочно

считающее себя собственником (добросовестный владелец), и 3) лицо, умышленно

выдающее себя за собственника (правонарушитель). Напротив, не считаются владельцами

лица, добросовестно и законно обладающие чужими вещами в силу какого-либо права, но

не имеющие намерения присваивать себе роль собственников (например, арендаторы).

Grammar Focus

VII. Rewrite the following sentences using the absolute participial construction instead of the

italicized part to make them even more formal:

1. If all matters are satisfactory, the service will be monitored in the usual way.

2. As all matters are equal, Council prefers to purchase Australian made products.

3. In order to rigidly enforce the law, the commission does not recognize a plea of

ignorance from the less careful, inasmuch as printed copies of all orders entered by the

commission have been mailed to all establishments employing women, in so far as it was

possible to do so, because no complete directory is obtainable.

4. The production cost depends on the quantity sold, while this quantity is dependent upon

the sales price.

5. If a complaint is filed, the Board will endeavour to settle the matter at the earliest

possible stage of the complaints procedure.

6. In order to simplify the analysis we can consider two firms: one is a representative of

high-cost producers and the other of low-cost producers

VIII. Render the texts:

Право собственности

Право собственности - совокупность юридических норм, закрепляющих и охраняющих

принадлежность материальных благ определенным лицам или коллективам. Право

собственности заключается в том, что собственник по своему усмотрению владеет,

пользуется и распоряжается принадлежащим ему имуществом. Собственник может

передавать свои правомочия по владению, пользованию и распоряжению имуществом

другому лицу, использовать имущество в качестве предмета залога, передавать свое

имущество в собственность или управление другому лицу, а также совершать в

отношении него любые действия, не противоречащие закону. Собственник вправе

использовать свое имущество для любой предпринимательской деятельности, не

запрещенной законом. Объектами права собственности могут быть предприятия,

земельные участки, здания, сооружения, оборудование, сырье и материалы, деньги,

ценные бумаги и другое имущество производственного, потребительского, социального,

культурного и иного назначения, а также продукты интеллектуального труда.

Существует две основных традиции понимания права собственности: континентальная

рассматривает право собственности неограниченным и неделимым, сосредоточенным в

руках одного лица; англосаксонская разделяет право собственности на составляющие. В

российском гражданском праве традиционным является представление о субъективном

праве собственности как о совокупности, «триаде» трех правомочий: владения,

пользования, распоряжения.

Содержание права собственности (ст. 209 ГК)

1. Собственнику принадлежат права владения, пользования и распоряжения своим

имуществом.

2. Собственник вправе по своему усмотрению совершать в отношении

принадлежащего ему имущества любые действия, не противоречащие закону и иным

правовым актам и не нарушающие права и охраняемые законом интересы других лиц, в

том числе отчуждать свое имущество в собственность другим лицам, передавать им,

оставаясь собственником, права владения, пользования и распоряжения имуществом,

отдавать имущество в залог и обременять его другими способами, распоряжаться им

иным образом.

3. Владение, пользование и распоряжение землей и другими природными ресурсами в той

мере, в какой их оборот допускается законом (статья 129), осуществляются их

собственником свободно, если это не наносит ущерба окружающей среде и не нарушает

прав и законных интересов других лиц.

4. Собственник может передать свое имущество в доверительное управление другому

лицу (доверительному управляющему). Передача имущества в доверительное управление

не влечет перехода права собственности к доверительному управляющему, который

обязан осуществлять управление имуществом в интересах собственника или указанного

им третьего лица.

Распоряжение, владение и пользование имуществом, находящимся в долевой

собственности (ст. 246, 247 ГК)

1. Распоряжение имуществом, находящимся в долевой собственности, осуществляется по

соглашению всех ее участников.

2. Участник долевой собственности вправе по своему усмотрению продать, подарить,

завещать, отдать в залог свою долю либо распорядиться ею иным образом с соблюдением

при ее возмездном отчуждении правил, предусмотренных статьей 250 настоящего

Кодекса.

3. Владение и пользование имуществом, находящимся в долевой собственности,

осуществляются по соглашению всех ее участников, а при недостижении согласия - в

порядке, устанавливаемом судом.

4. Участник долевой собственности имеет право на предоставление в его владение и

пользование части общего имущества, соразмерной его доле, а при невозможности этого

вправе требовать от других участников, владеющих и пользующихся имуществом,

приходящимся на его долю, соответствующей компенсации.

Additional Reading

Text 1. Read the following text and say whether the sentences below are true or false:

Legal Possession or De Jure Possession

Legal possession, sometimes described as de jure possession or possession in law, is quite

different from actual possession. Legal possession flows from law as opposed to from the actual

apparent power of preventing interference with a thing. A person who is deemed to have legal

possession will normally also have actual possession. It is, however, quite possible for a person

to have actual possession without possession in law. An owner of a gold watch may instruct his

friend to take his watch for repairs at a shop. While the friend is taking the watch for repairs -

thus being in actual possession of the watch - he does not acquire legal possession because he

does not have the necessary intention to control the watch. The necessary intention must be to

exclude the whole world from interference with the watch. This example tells us something

about legal possession: it is such possession which is recognised by law and enforceable in rem,

that is, against the world at large. Legal protection of possession is obviously necessary in order

to maintain peace and order, which would otherwise not exist if there were no rules protecting

possessory claims to things that had been legally appropriated.

In a simplistic world it may be thought that possession in law is that possession which is

exercised by the true owner of a thing. However, nothing could be further from the truth. It is

quite possible for a person who, in the ordinary sense of the word would not be regarded as

having legal possession, to have such possession in the eyes of the law. In the above example

relating to the gold watch, what would be the position if a thief stole the gold watch from the true

owner's friend? It is submitted that if the thief took control of the watch and thereby intended to

control it to the exclusion of the whole world, he would have possession in law and fact. This

principle stems from the very fact that possession raises a presumption of ownership and the

thief could protect his possession, albeit initially wrongful, against everyone except the true

owner by the appropriate trespassory remedies. His title to the watch would be relative to that of

any other title, that is, in this case to the true owner. The true owner would be left with a right

to possess, which is quite distinct from actual and legal possession This right to possess is

described as a form of constructive possession.

Such possession will be vested in a person who has lost both actual and legal possession, but

still has a right to possession - for example, a right to recover from a wrongdoer such as a thief.

A person will be deemed as having constructive possession when he or she has a right to take

actual possession. The idea of constructive possession extends to cases where a person in actual

and legal possession recognises or acknowledges a superior right in another person.

1. Legal possession means that a person legally has actual power over a thing.

2. Legal and actual possession usually go hand in hand.

3. Legal possession flows from the fact that in modern society legal rules protect possession.

4. Only a true owner of a thing can exercise legal possession.

5. If a thief takes control of a thing and has intention to exclude others from interference with it,

it means that in the eyes of the law he has legal possession over this thing.

6. The essence behind constructive possession is the right to take actual possession.

7. If your friend with your watch in the above example recognizes that the watch is yours the

notion of constructive possession cannot be applied.

Text 2. Read the text and choose the best sentence to fill each of the gaps. There is one extra

sentence which you do not need to use:

Actual or De Facto Possession

In the modern law, de facto or actual possession is the closest to the ordinary or lay meaning

of the term. It comprises control or detention of a thing by a person. To gain actual possession a

man must stand in a certain physical relation to the object and to the rest of the world, and must

have a certain intent. Actual possession is not just mere possession in the form of detention in the

simple sense of the word - for example, 'in my hands'. 1………….. Thus, it is quite possible for a

person to be in actual possession of a chattel that is not near to him, provided there is control in

fact. This simply means that no other person can negative the control of the chattel. A person

may leave home to go to work, but he or she does not thereby abandon all personal items within

the house if the doors are locked on exit. 2…………..

Actual possession consists of two major elements: namely animus possi-dendi and corpus

possessionis. Animus possidendi consists of two things: first, an intention to control the thing;

and second, an intention to control the thing to the exclusion of others. Corpus possessionls is

the power to control the thing to the exclusion of everyone else. These requirements for a

successful finding of actual possession can be simply reduced to an intention to control and

control in fact. 3…………..However, in respect of land, the control necessary to constitute

possession differs. It is generally accepted that the control necessary for actual possession of

chattels is greater than that of actual possession of land. 4………….. Take, for example, a

watch: the control needed to have actual possession of such a thing is greater simply because of

the fact that it can be carried away easily. On the other hand, possession of ten acres of land does

not require physical possession at all times. 5………….. It is precisely for this reason, and

others, that arriving at a single idea of possession is a very difficult task.

There are no hard and fast rules that explain when a person has control in fact of a particular

object. The general rule here is that the degree of control necessary to acquire actual possession

will depend on the nature of the object in question. The question is simply one which asks, what

is the greatest degree of control capable of being exercised by the person claiming that he has

actual possession? 6………….. Finally, in respect of control in fact, it is important to appreciate

that the degree of control needed to acquire possession is greater than that required to remain in

possession.

A. Control in fact and an intention to control are both necessary for actual possession of chattels

or land.

B. In respect of the intention to control, one thing is important, that is the knowledge of the

existence of the thing or object.

C. The reason for this relates to the inherent nature of chattels and land.

D. It is quite possible to be in actual possession of a thing without the thing physically being in

the hands of the possessor.

E. In such a case there is both an intention to control and control in fact.

F. The degree of control necessary for smaller chattels will be greater than for larger ones.

G. Land is, in its inherent nature, immovable and as such incapable of control through physical

possession.

Text 3. The paragraphs in the text below are jumbled up. Put them in the logical order:

What Are My Obligations to Repair and Maintain My Occupied Rental Property?

1. You are responsible for general maintenance and upkeep of your property. Depending on

the situation, this can mean something as small as keeping the lawn mowed or as substantial as

paying for a new roof. You may wish to require your tenants to have an active role in the upkeep

of your property, such as snow removal or mowing. If you require this from your tenants, you

will need to state this in your written rental or lease agreement to ensure that there is no

confusion over the tenant's duties.

2. If damage is done to the structure of the rental property, again, you will first need to

determine who or what was responsible. If the tenant caused the damage, they will need to

provide payment for the repair, but it is still up to you to coordinate the repair.

3. As a landlord, you are obligated to maintain your rental property and make it comfortable

and habitable for your tenants. Some states have laws governing how landlords much keep up

their rental properties, while others leave it up to the landlord how to care for his or her property.

Taking care of your property can generally be split into two categories: maintenance and repair.

4. If you have several rental properties or do not have the time to provide necessary repairs

and maintenance, you may need to outsource these duties. You can contact a property

management company skilled in providing these services, or you can hire a maintenance worker

to handle any problems.

5. For example, if a tenant knocks over a water heater, rendering it inoperable, it will still

need to be fixed as quickly as possible. Since hot water is considered a necessity of daily life,

this is not a repair that can be put off, even if the tenant is unable to pay for the replacement at

the time. You may end up covering the costs of repair or replacement at first, and then working

out a repayment schedule with the tenant over time.

6. When something breaks, malfunctions, or becomes inoperable, it is generally the

responsibility of the landlord to repair it as quickly as possible. There are also repairs that are

considered necessities of daily life, including running and/or hot water, heat, air conditioning,

and proper ventilation. Normally, a landlord is required to provide repair when the damage is not

the fault of the tenant, such as a water line breaking, or other problem that was not caused by the

direct action of a tenant. But even if the damage is deliberate, you will still likely have to repair

the damage -- for which you can bill the tenant.

7. Some tenants may offer to handle general maintenance to a property in exchange for a

reduction in rent. If you have only one rental property, this can be a relatively cheap and efficient

way to maintain your property. You will need to weigh the frequency of needed maintenance to

the property to determine how much of a discount on the rent you can offer.

Speaking

Comment on the following sayings:

1. The instinct of ownership is fundamental in man's nature (William James).

2. He is not a full man who does not own a piece of land (Hebrew Proverb)  

3.The best investment on earth is earth (Louis Glickman).  

4. My own recipe for world peace is a bit of land for everyone (Gladys Taber). 

FOLLOW-UP EXERCISES

Review Questions

1. What is the legal meaning of property?

2. Distinguish between real and personal property.

3. What are the main types of property?

4. Compare private and common property.

5. Explain the notion of tangible property.

6. What is intangible property? Give examples.

7. What is the difference between ownership and possession?

8. Is possession without ownership possible? Give examples.

9. Dwell on the main forms of ownership.

10. What do you understand by legal possession?

11. What is actual possession?

12. To what extent may the state interfere with property?

Writing

Read the text below and write an essay about the similar legislation in your country:

To what extent may the State interfere with property?Eminent Domain and Zoning

Governments have the right to acquire privately owned land through the exercise of the

power of eminent domain. Eminent domain is the right or power of a unit of government or a

designated private individual to take private property for public use, following the payment of a

fair amount of money to the owner of the property. Under United States law the principal

limitations on the extent to which the State may interfere with property rights are set by the

Constitution. The Fifth Amendment to the U.S. Constitution states, "nor shall private property be

taken for public use, without just compensation." The theory behind eminent domain is that the

local government can exercise such power to promote the general welfare in areas of public

concern, such as health, safety, or morals.

Government may control how real property is used. Zoning is the regulation and restriction

of real property by a local government. The most common form of land use regulation, zoning

involves the division of territory based on the character of land and structures, and their fitness

for particular uses. Municipalities use zoning to control and direct the development of property

within their borders, according to present and potential uses of the property.

eminent domain - юридическое право правительства изымать частную собственность в

общественных интересах без согласия владельца; право на принудительное отчуждение

частной собственности с выплатой справедливой компенсации.

Activity

I. Read the following text about forms of ownership under the American law. Make a

comparison with the basic text devoted to the forms of ownership under the British law. Draw

a diagram showing similar and distinguishing features of the two legal systems and present

the results in class:

WHAT ARE SOME OF THE COMMON FORMS OF PROPERTY

OWNERSHIP?

There are a variety of forms of ownership of property. The more common forms of

ownership include:

(1) Joint Tenancy: property owned by two or more people at the same time in equal shares;

typically referred to as the four unities (unity of time, title, interest and possession vesting in

each joint tenant). Each joint tenant has an undivided right to possess the whole property and a

proportionate right of equal ownership interest. When one joint tenant dies, his/her interest

automatically vests in the surviving joint tenant(s) by operation of law. Words in the deed such

as "John and Mary, as joint tenants with right of survivorship and not as tenants in common"

establishes title in joint tenancy. Not all the states allow this form of property ownership.

(2) Tenancy in the Entirety: some states have a special form of joint tenancy when the joint

tenants are husband and wife -- with each owning one-half. Neither spouse can sell the property

without the consent of the other. Words in the deed such as "John and Mary, husband and wife as

tenancy in the entirety" establishes title in tenancy by the entireties.

(3) Sole Ownership: owned entirely by one person. Words in the deed such as "John, a single

man" establishes title as sole ownership.

(4) Tenants in Common: property owned by two or more persons at the same time. The

proportionate interests and right to possess and enjoy the property between the tenants in

common do not have to be equal. Upon death, the decedent' s interest passes to his/her heirs

named in the will who then become new tenants in common with the surviving tenants in

common. Words in the deed such as "Peter, Paul, John and Mary as tenants in common"

establishes tenancy in common.

(5) Community Property: only in states that recognize community property, a special form of

joint tenancy between husband and wife, each owning one-half. Upon death, the decedent's

interest passes in a manner similar to tenants in common. Words in the deed such as "John and

Mary, husband and wife as community property" establishes community property ownership.

II. You are a trainee in the law firm. Your principal has asked you to research and prepare a

short report (1200 words). Outline the legal principles as to what, if any, rights in the house

may be claimed by either Sally or Molly according to your jurisdiction:

Six years ago, Sally and Harry begin living together in Sally's rented flat. Shortly afterwards,

Sally discovers that she was pregnant. Harry then bought the freehold of a house, which was

registered in his sole name. The purchase price of 140,000 was financed by Harry's savings and a

mortgage loan.

Sally said that she wished that she could contribute to the purchase, but Harry told her, 'It

doesn't matter that I'm paying for the house, but we'll say it's one third yours anyway'

The following year, Sally inherited 15,000 from a relative, which she paid over to Harry,

saying 'this is for my share in my house'. Harry used the money to reduce the mortgage debt.

Over the last five years, Sally has done a considerable amount of work to the house. Apart

from staying at home and looking after their daughter, Sally has redecorated and re-wired the

entire house. She has also installed some more radiators and laid a patio in the back garden

Two years ago, Sally's mother Molly, came to live with them. Because the house was too

small, Molly paid for an extension to be built, to provide a separate bedroom and bathroom for

herself. The extension increased the value of the house by 30,000. Relations between the parties

have now become strained.

JUST FOR FUN

IT’S INTERESTING

Immovable Property vs. Real Estate. Immovable property is the term

used mostly in the world's civil law systems (based on Romano-Germanic law,

which is also known as Civil law or Continental law). In the United States it is

commercially and legally known as real estate and in Britain as property.

Funny quotes and jokes about property

“Don’t wait to buy real estate, buy real estate and wait.”

Will Rogers (1935)  

“I am a marvelous housekeeper. Every time I leave a man I keep his house”

Zsa Zsa Gabor

“A man complained that on his way home he had every day to pass through that long

field of his neighbor’s.  I advised him to buy it, and it would never seem long again.”

Ralph Waldo Emerson

”Everyone says buying your first apartment makes you feel like an adult. What no one

mentions is that selling it turns you right back into a child.”

Anderson Cooper

Stupid laws about property

If there are more than 5 Native Americans on your property you may shoot them. (South

Dakota)

It's still "legal" to hang someone for shooting your dog on your property. (Nevada)

The head of any dead whale found on the British coast becomes automatically the property of the

king. The whale tale is the property of the Queen. (Great Britain)

Property laws according to kids

If I like it, it's mine.

If it's in my hand, it's mine.

If I can take it from you, it's mine.

If I'm doing or building something, all the pieces are mine.

If it looks just like mine, it is mine.

If I think it's mine, it's mine.

If you are playing with something and you put it down, it automatically becomes mine.

If it's broken, it's yours!

The dream of the older generation was to pay off a mortgage. The dream of today's

young families is to get one.

If you think no one cares you're alive, miss a couple of house payments.

A man's home is his castle. That's how it seems when he pays taxes on it.

This house has every new convenience except low payments.