Introduction to Property Land Transfer System
People who either own land or other types of property will be concerned to ensure that their rights over the property enable them to secure the risk of claims of others to the property.
Purchasing property is one of the largest financial investments anyone can undertake, so the security of their interest over the land is critical. The registration process provides Property Purchasers with a secure Title to the land or the interests.
Property is a thing which a person owns, and is classifiable as either personal property or real property.
Personal Property means move able property which is capable of physical possession. Tangible personal property (that is seen and touched or moved) is known as chose in possession. Chose being a french word meaning thing. Possession is achieved by physical control.
Personal property also includes tangible things which are not capable of physical possession, chose in action. Even though chose in action is owned, it is only the legal right, not physical entity. It covers all things which are not capable of physical possession but can be enforced by legal action.
Examples are: debts, bills of exchange, copyright, patents and shares.
Real Property means land and fixtures, these are attached to land such as buildings. Encumbrances which are registered against the Title to rights of minerals, and fixtures pass with the ownership of the land. This also covers trees and plants which are part of the land.
In our next blog we will cover the definitions of the types of estates and interests which can be held in land.
Cheers Kim
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