Although property law is an area of law that is most often associated with disputes that involve family or estate law, it is nevertheless a very important part of the legal process that impacts many aspects of society each day. Since it applies to various types of real estate as well as virtually any type of personal property, it’s vital that you have a good understanding of not only the different types of property law but also how this area of law can impact you financially and otherwise.
What is Property Law?
In its most basic sense, property law is the area of law that is responsible for governing all types of property that you may own at some point in your life. Whether it is real estate such as your home or a piece of land you own or personal items such as your car, jewelry, or such things as sports equipment or musical instruments, property law determines how you can use certain types of property and if there are any specific conditions attached to the use of said property.
This area of law is often key to solving a multitude of disputes. For example, if a person dies but leaves behind no will, various parties may have different ideas about the property’s ownership as well as how it is to be used in the future. It can also be used to solve conflicts if two people claim ownership of the same property or want to use property in different ways.
Different Kinds of Property Law to Know About
Property law will apply mainly to the aspects of ownership focusing on an idea or real property like real estate, an idea connected to the invention of a product, or who may own items or even pets, since pets are considered to be property in most states. Intellectual property law questions will usually focus on whether a party has infringed upon a trademark or copyright, and the penalties for doing so can include fines and possibly a prison sentence. Real property disputes may involve questions about contract law or if a person stole another person’s property in an attempt to claim ownership.
When to Get a Lawyer Involved
A lawyer should become involved in property law disputes when a variety of situations may exist. This is especially true if certain illegal acts have occurred against real property, such as vandalism or squatting at a property and refusing to leave. It will also be necessary to have a lawyer protecting your rights if you bring forth a lawsuit concerning intellectual property since disputes involving trademarks, copyrights, or other related issues can be extremely complex for courts to decide.
Whether it is an idea you believe someone else is using as their own for monetary gain or a situation where your home or other real property has been damaged or stolen, knowing the different types of property law can be vital to discovering whether or not you have a viable case that is winnable should it go to court.