ABSTRACT
This chapter explores the underlying concepts fundamental to an understanding of land law. The first consideration is what is meant when lawyers refer to 'property'. The second is the definition of land as a particular division of property. The chapter considers land as a particular type of property. It focuses on what the definition tells about the corporeal or physical characteristics of land as extending beyond the surface area, and about the role of the incorporeal rights that are not physical at all. The chapter explains the concept of property rights as rights over a thing, and the relevance of a claim being classed as a property right as opposed to a personal right. Recovery was not available for all other types of 'movable' property, for which only a 'personal action' for financial compensation was available. As a result, land became known as real property and is still classified as such in modern law. Everything else is personal property.
