Property Right vs. Real Right

Attribute	Property Right	Real Right
Definition	The right to use, control, and dispose of a tangible or intangible property	The right to use and enjoy a specific property, including land and buildings
Transferability	Can be transferred to another party through sale, gift, or inheritance	Can be transferred to another party through sale or inheritance
Duration	Can be permanent or temporary	Generally permanent
Scope	Can apply to both tangible and intangible assets	Primarily applies to real property such as land and buildings
Enforceability	Enforced through legal means such as contracts and property laws	Enforced through property laws and registration systems

Definition

Property right and real right are two legal concepts that govern the ownership and use of property. Property right refers to the legal right to possess, use, and dispose of property. It is a broad term that encompasses various types of rights, including ownership, leasehold rights, and easements. Real right, on the other hand, is a more specific term that refers to the right to use and enjoy real property, such as land and buildings.

Scope

Property right is a broader concept that includes both real property (land and buildings) and personal property (such as cars, furniture, and other movable items). It covers a wide range of assets and can be held by individuals, businesses, and other entities. Real right, on the other hand, is limited to real property and does not extend to personal property.

Duration

Property right is typically permanent and can be passed down through generations. Once a property right is established, it remains in effect until it is transferred or extinguished. Real right, on the other hand, may be temporary or limited in duration. For example, a leasehold right is a real right that expires after a certain period of time.

Transferability

Property right is generally freely transferable, meaning that the owner can sell, lease, or otherwise transfer their rights to another party. Real right, on the other hand, may be more restricted in terms of transferability. For example, some real rights, such as easements, may be attached to a specific piece of property and cannot be transferred separately.

Enforceability

Property right is typically enforceable against third parties, meaning that the owner can take legal action to protect their rights against trespassers, encroachers, or other parties who interfere with their property. Real right, on the other hand, may be subject to certain limitations or restrictions. For example, a real right may be subject to zoning laws or other regulations that limit how the property can be used.

Protection

Property right is generally protected by the legal system, which provides remedies for violations of property rights, such as trespass, theft, or breach of contract. Real right, on the other hand, may be subject to specific legal requirements or limitations. For example, a real right may be subject to eminent domain, which allows the government to take private property for public use.

Conclusion

In conclusion, property right and real right are two important legal concepts that govern the ownership and use of property. While property right is a broad term that encompasses various types of rights, real right is a more specific term that applies specifically to real property. Both types of rights have their own attributes and limitations, and it is important for property owners to understand the differences between them in order to protect their interests.