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property right

Last modified: Thu Feb 23 16:37:37 2006

Although there is no clear definition of a `property right' in English law, it is usually taken to mean a right over property that has some notion of `durability' and/or `transmissibility'. A right that does not have either of these characteristics is generally though of as a PersonalRight.

`Durability' denotes the principle that the right can be defended over a long period of time, against a range of different claimants. `Transmissibility' denotes that the right can be passed from one person to another.

For example, an Easement is a form of property right, which may be enforceable against the owner of the land subject to the easement, even if the ownership changes. However, a licence to use property (e.g., to enter a shop to buy goods) is not a property right, and can be revoked by the shop owner at any time, subject to contractual considerations.

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