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Writer's pictureLead India
May 27, 20233 min read

What Are The 3 Legal Types Of Property?

The Latin word proprietary and its French equivalent, properties, both denote an owned thing, from which the English word "property" is derived. Property and ownership are two ideas that go hand in hand. There is a thin line that separates the two names, though.


It would not be inaccurate to say that humans have long been aware of their legal entitlement to possession of their property. Various legal scholars, including Salmond, Bentham, and Austin, have given the term "property" several different interpretations.

Distinguished lawyer's definition of property


When defining "property," Salmond pointed out that it could be interpreted in one of the following three ways:

  • All of a person's legal rights are referred to as property. In other words, it refers to a man's complete possession of both incorporeal and tangible things.

  • The word exclusively refers to a man's proprietary rights, not his personal rights.

  • The phrase covers the rights to property ownership in tangible items like buildings and other structures. According to Bentham, a different legal theorist, "property" only relates to ownership of material possessions. He has only used the phrase in a few specific contexts. Austin defines property as the most inclusive legal definition of enjoyment, which includes servitudes. The property includes a man's personal rights as well as his proprietaries.


Types of Property:

The two main types of property are corporeal property and incorporeal property. In contrast to incorporeal property, which cannot be seen or touched, corporeal property is both. Incorporeal property, on the other hand, refers to an intangible right in real estate, whereas corporeal property relates to ownership of tangible goods.

  • Real Estate, Corporeal and Incorporeal: These are the only two types of attributes that are recognised.

1. Corporeal property refers to goods that are physically present in the world, such as real estate, homes, jewelry, silver, etc.

2. Incorporeal property is an intangible since it cannot be seen or touched. Copyrights and easement rights are both intangible assets.

  • Intellectual property: In plainer terms, intellectual property is anything that was created by human intelligence, wisdom, or the human mind. Intellectual innovation as well as innovation in the literary, scientific, and aesthetic spheres are related. International efforts are being made to preserve intellectual property. The legal recognition of the authors of these intellectual properties' economic rights is one of the main justifications. Another motive is the desire to encourage people's innovation, which would eventually help create a world where only ethical business practices are used. By allowing them specific, time-limited rights to regulate how such creations are used, the law relating to intellectual property seeks to safeguard the individuals who produce and hold intellectual goods and services.

  • Both public and private property exist. In accordance with the concept of ownership, property can be split into public and private property. Below is a discussion of the two types:


1. In some governmental capacity, the public owns public property as such. In other words, it is possessed by the government and used for the benefit of the people as a whole. A park or a public hospital fall within the category of public property.


2. Private property is defined as belonging to a certain person or another private person. A citizen's home may be regarded as his private property.


The idea of property has likely existed from the dawn of human civilization, one may safely say. Over time, there have been substantial changes to the concept of property. The idea's jurisprudential nature may be to blame for this development. So, the concept of property has developed in an unexpected way, from one brick to the idea behind a product. Due to the ongoing research in this field, the idea of property law is one that is dynamic and will develop over the coming years.


If the property is situated in Nasik then property lawyers in Nashik may be hired. Moreover, if the property is situated in Hyderabad then property lawyers in Hyderabad may be appointed. If the property is located in Coimbatore, property lawyers in Coimbatore may be consulted.


To address the problem, Lead India provides a selection of data, legal services, and free legal advice online. To get the best guidance in this case, ask a legal question online


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