The origins of English property law date back to 1215, and the Magna Carta. This concord ruled that nobody was above the law, not even the king, and returned stolen land to Welsh owners among other things.
Since then, English property law has continued to regulate acquisition, sharing and protection of valuable assets in England and Wales. Some details may vary in Scotland, although the principles are similar.
The Four Main Branches of English Property Law
Property law in England and Wales embraces four topics, broadly speaking. These subjects are land, trusts, personal property, and intellectual property. We divert briefly to distinguish between these.
THE LAW OF REAL PROPERTY
English land law derives from the feudal system of William the Conqueror, although almost all fixed property may now change hands between owners. The current rules embrace land acquisition, ownership, fixed assets upon it, and the priority of rights and obligations.
Beyond that, a wide body of other regulations address the social responsibilities of land owners. These include traditional public access, and the right of neighbours to pleasant personal lives. As well as the duty of local councils to develop public amenities for their stakeholders.
ENGLISH AND WELSH TRUST LAW
English trust law protects personal assets that are held by one for the benefit of another. The origins of this branch of English property law lie in property ownership disputes before the Lord Chancellor. The modern regulation of trusts is a complex matter beyond this article on the origins of English property law.
PERSONAL PROPERTY IN WALES AND ENGLAND
Personal property legislation in England and Wales stretches back to Roman times, when the distinction between immovable and movable possessions emerged. Essentially, the latter are possessions which are not irrevocably bound up in immovable property interests.
Hence personal property items – also included in the concept of chattels – are movable things, that we can potentially take with us anywhere we go. Whereas, if we wanted to touch a piece of real estate (or a building upon it) we would have go to where it is.
LAWS GOVERNING INTELLECTUAL PROPERTY
Intellectual property is the output of human minds. It includes inventions, literary and artistic works, designs, symbols, and names and images used in commerce. The person who creates the output owns it by definition, and is entitled to compensation if somebody else uses it.
Those inventions of the human mind may sometimes seem intangible, but they are real possessions in the view of the law. Hence the originator may register their rights, sell their ownership, bequeath them in their will, or even give them away if they so wish.
Returning to The Origins of English Property Law
That completes our resume of the four main branches of English property law. We now examine the two offshoots of particular interest to us, as valuers of collectibles and deceased estates. Those two categories are fixed property and the buildings upon them, and the movable personal items that the law refers to as chattels.
Immovable Real Property in Wales and England
English common law may refer to buildings, and the land they stand on as ‘real property’, ‘real estate’, or ‘immovable property’. These parcels of land, in the mind of the law, include any improvements on that land that are permanent.
The origins of English property law predate our modern cities. Hence it’s unsurprising that the definition of improvements includes crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads. However, there is still a clear dividing line between personal property and real property as follows:
- Real property and its improvements thereon cannot move to another location.
- Changes made by others in the vicinity may directly affect real property value.
- The value of real property is affected by natural features in the environment.
- The land zoning may limit the use to which an owner may put real property.
- Real property ownership and last price paid are usually in the public domain.
Personal Property Has an Ancient Lineage Too
English law refers to personal property as ‘chattels’. This term derives from the mediaeval french word for cattle, which peasants could take with them when they relocated. Their livestock were therefore their personal property, and did not belong to the land owner.
Those cattle were definitely real, in the sense that their owners could prod them, or even slaughter them for a feast. The origins of English property law refer to this characteristic as tangible or touchable. Other personal property is however beyond our physical reach, as for example intangible bitcoin currency.
Speak To Avery Associates for Professional Valuations
Avery Associates has a panel of bespoke valuers who are specialist appraisers of real fixed property, and collectible personal possessions of value. Please contact us if we can be of assistance. We assure you of our personal attention at all times.
More Information
