CHAPTER

CONTENTS.

PAGE

INTRODUCTORY.

The place of the Law of Real Property in Black-

IV. B. Tenures by which Things Real may be

held.

V. Ancient English Tenures

VI. Modern English Tenures.

C. Estates which may be had in Things Real.

VII. Freehold Estates of Inheritance .

31

XII. Estates in severalty, joint tenancy, coparcenary and

OF THE PRINCIPAL STATUTES RELATING TO THE

LAW OF REAL PROPERTY.

18 Edw. I. c. 1.

27 Henry VIII. c. 10.

27 Henry VIII. c. 16.

32 Henry VIII. c. 1.

12 Car. II. c. 24.

9 George II. c. 36.

Statute of Uses.

Statute of Enrolments.

Statute of Wills.

Abolition of Military Tenures.

Mortmain.

3 & 4 William IV. c. 74. Fines and Recoveries.

3 & 4 William IV. c. 105.

Dower Act.

Inheritance Act.

Judgment Debts.

Judgment Debts.

3 & 4 William IV. c. 106.

1 & 2 Vict. c. 110.

27 & 28 Vict. c. 112.

33 & 34 Vict. c. 93.

37 & 38 Vict. c. 78.

38 & 39 Vict. c. 87.

38 & 39 Vict. c. 92.

Married Women's Property Act, 1870.

Vendors and Purchasers' Act, 1874.

Land Transfer Act, 1875.

Agricultural Holdings Act, 1875.

ANALYSIS

OF

BLACKSTONE'S LAW OF REAL PROPERTY.

INTRODUCTION.1

THE PLACE OF THE LAW OF REAL PROPERTY IN
BLACKSTONE'S SYSTEM.

THE arrangement which seems to have been intended by Blackstone in his Commentaries is as follows:-

He first expressly distinguishes Law regarding Rights from Law regarding Wrongs, a distinction which is practically equivalent to a division of the Corpus juris into the Law regarding Primary and Secondary (or Sanctioning) Rights.

The Law of Primary Rights is further subdivided by Blackstone into the so-called Jura personarum, or Law regarding those rights which concern or are annexed to the persons of men, and the Jura rerum, which he describes as the Right which a man may acquire over things unconnected with his person.'

6

1 The writer of the Analysis is entirely responsible for the form and matter of the Introduction.

B

It has been objected that Blackstone's descriptions of the terms Jura personarum and Jura rerum are incorrect; but if we apply to those terms the meanings usually attached to them by jurists-in other words (a) if we take out of the class of Primary Rights those which attach to persons as members of society standing in certain definite relations to each other, and if to these rights we apply the term Jura personarum (=Law of Status), and if (B) we reserve the title Jus rerum for the body of primary rights after those regarding certain forms of status have been subtracted -then, with slight exceptions, we should find that the classification of Blackstone would agree with that of the analytical jurists.

[No explanation, however, would seem to account for the position of the so-called 'absolute rights of persons' under the head of Jura personarum; the rights referred to would appear to be rather rights analogous to rights of ownership, only differing from such rights in not having a definite and tangible object upon which to take effect.]

The Jus rerum is conversant with dominion or property.

Property may be either Real or Personal: Real Property consists of inheritable rights, which may be subdivided into Corporeal and Incorporeal heredita

ments.

Personal property consists of such rights as are not inheritable, but which devolve on the death of the owner intestate to the Administrators and not to the heir.