The rights of things, which consist in dominion over 1. THINGS REAL, in which are considered 1. Their several kinds, viz.: 1. Corporeal, or 2. Incorporeal. 2. The tenures by which they may be holden, viz.: 1. Ancient, and {2. Modern 3. The estates therein, with respect to 1. The quantity of interest, viz : 1. Freehold. 1. Of inheritance, or 12. Not of inheritance. 2. Less than freehold, and 3. On condition. 2. The time of enjoyment, viz.: in 71. Possession, 2. Remainder, or 3. Reversion. 3. The number and connection of the tenants, who may hold in 1. Severalty, 2. Joint tenancy, 3. Coparcenary, or in 4. Common. 4. The ti le to them, which may be gained or lost by 1. Descent, or by 2. Purchase, which includes 1. Escheat, 2. Occupancy, 3. Prescription, 4. Forfei ure, and 5. Alienation, by common assurances; which are by 1. Deed, or ma'ter IN PAIS, wherein of its 1. General nature, and 2. Several species. 2. Matter of record, 3. Special custom, and by 4. Devise. 2. THINGS PERSONAL, or chattels, in which are considered 1. Their distribution, 2. Property therein, 3 Title to them, which may be gained or lost by 1. Occupancy, 2. Prerogative, 3. Forfeiture, 4. Custom, 5. Succession, 6. Marriage, 7. Judgment, 8. Gift or grant, 9. Contract, 10. Bankruptcy, 11. Testament, 12. Administration, BOOK II. THE RIGHTS OF THINGS are those rights which a man may acquire in, and to such external things as are unconnected with, his person. Property, or the dominion of man over external objects, has its origin from the Creator, as his gift to mankind. The substance of things was, at first, common to all; yet a temporary property in the use of them might even then be acquired and continued by occupancy. In process of time a permanent property was established in the substance, as well as the use, of things, which was also originally acquired by occupancy only. Lest this property should determine by the owner's dereliction or death, whereby the thing would again become common, societies have established conveyances, wills, and heirships, in order to continue the property of the first occupant; and where, by accident, such property becomes discontinued or unknown, the thing usually results to the sovereign of the state by virtue of the municipal law. Things are divided into things real and things personal. THINGS REAL are such as are of a permanent, fixed, and immovable nature, and cannot be carried out of their place, as lands and tenements. (1) NOTE 1.- Land is the soil of the earth and includes everything erected upon its surface, or which is buried beneath it. The term land includes the buildings upon it, the trees growing upon it, and the minerals embedded in it. It is a rule of law that a permanent annexation of a thing in itself personal to the soil makes it a part of the realty. In such a case, such things are called fixtures. Fixtures are things personal in nature, which become realty by reason of their annexation to the soil. To become a fixture the personalty must be annexed to the realty by some actual or constructive attachment. Things personal are such as goods, money, and other movables, which may attend the owner's person wherever he may choose to go. Things real are usually said to consist in lands, tenements, and hereditaments. Land is a term comprehending all things of a permanent, substantial nature being a word of very extensive signification. Land has, in its legal signification, an indefinite extent upwards as well as downwards - cujus est solum, ejus est usque ad cælum so that the word land includes not only the face of the earth, but everything under it or over it; and by the name of land everything terrestrial will pass. Tenement is a word of still greater extent than land, and, in its original proper and legal sense, it signifies anything that may be holden, provided it be of a permanent nature, whether it be of a substantial and sensible, or of an unsuhstantial, ideal kind. Hereditament is by much the largest and most comprehensive expression, for it includes not only lands and tenements, but whatsoever may be inherited, be it corporeal or incorporeal, real, personal or mixed. All the several kinds of things real are reducible to one of these three, viz.: lands, tenements, or hereditaments, whereof the second includes the first, and the third the first and second. Things real may be considered with reference to their several kinds; the tenures by which they may be holden; the estates therein; and their title, or the means of acquiring and losing them. the THE KINDS OF THINGS REAL are corporeal or incorporeal, which is also the division of hereditaments· most comprehensive denomination of things real. Corporeal hereditaments are such as affect the may be seen and handled by the body; they consist wholly of permanent and substantial objects, all of which may be comprehended under the general denomination of land only. seuses |