Property law

Property law: land, title & ownership

Property explained: land and movable things, estates in land, deeds and recording, adverse possession, leases and takings.

Overview

What this school covers

The line between real and personal property; estates in land and co-ownership, including allodial title; deeds and recording acts; adverse possession and easements; landlord and tenant; and takings under the Fifth Amendment. Each guide cites the statute, constitution or case it relies on and notes where states differ.

Hub Property

Real & personal property

Land, chattels and bailment.

Estates in land

Fee simple, life estates, allodial title.

Deeds & recording

Warranty, quitclaim, race-notice.

Adverse possession

And easements.

Landlord & tenant

Leases and the warranty of habitability.

Takings

Eminent domain, Kelo, Penn Central.

Overview

Studying property

Property rules decide who owns what and what owners may do with it. First, the law separates land from movable things. Then it sets the rules for owning, transferring and using each kind.

Most of this area is state law. For example, each state has its own recording act, its own adverse possession periods and its own landlord-tenant statutes. In addition, the Fifth Amendment limits when government may take property.

Our guides start with the basic kinds of ownership and the estates in land. Next come deeds, recording and title. Then come adverse possession, easements, leases and takings.

Each guide cites the statute, constitution or case it relies on and links to the source. For a real estate matter, talk to a licensed attorney in your state.

Each guide cites its sources. For instance, the deeds and recording guide quotes state recording statutes from California, Massachusetts and North Carolina. You can also look up federal law in the United States Code. In addition, the glossary defines terms such as easement, quitclaim deed and fee simple.

However, local rules matter too. For example, county recorders set their own formatting and filing requirements, so check with the recorder before you file a deed.

Property — a house with mortgage papers

Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.