Including property owned real Jamaica can be defined as the subject of property. It is sometimes used to indicate the rights that a man may have to use or enjoy of something and sometimes to indicate the same thing he likes or uses. Some things are incapable of ownership, eg air and water in a stream. These things are called "res nullius" that belong to anyone. Most things in the world are capable however of the property and therefore classified as "Property".

Property and Personal Property

Almost any system of law in the world recognizes the distinction between Jamaica and the land, which is indestructible and generally estate and other property and the capacity for destruction.

Real property, also called "Realty" is a term applied only the freehold interest.

Personal Property, also called "personalty" consists largely of what is called personal property. Spans interests are sometimes referred to as "Movable Real".

The interests of successive

One man, Mr X, who owned of a large farm could give Mr A for life and death of Mr A to Mr B for life, and death of Mr. B Mr. C absolutely. Mr. A, the Mr. B, Mr. C and therefore would be entitled to successive interests in the farm, one after another.

Ownership and possession

The property of a movable property implies the right to enjoy and dispose of that movable. If I have a watch, which I use as I please, sell, lend or give it away. While I use tells me that have possession of it. If I lend it to X, although I am still the owner, I have separated from the possession X, and now owns the clock. If a thief steals from X, X no longer has the possession, which is now with the pickpocket.

The possession of movable property is the physical strength to control it: Possession of fact, may or Unless, along with the right to possession. In the example given, the thief has physical possession, but not the right. X is entitled to possession, but not in possession effective. The owner is entitled to possession of the ball when the time they gave me the watch to X expires.

This explanation of the ownership and possession can not be applied directly to real estate. Only the King of England (Government of Jamaica) "owns" the land itself. Others have a right to use land, but does not possess. Your right to use land is called "Estate". Because the person to whom the king gave the right to enjoy the earth is said to "hold" he was called a "tenant" and your right, a "lease". These leases were broadly of two types:

(1) Freehold – where there is no time stated in the lease must end.
(2) Leasing – where there was a specific period established for the lease.

Of course, there are several principles that could be maintained if someone intends to buy at auction houses in Jamaica. The property changed hands not only the ability of a transfer or sell.

Admittedly, the "ownership" is always a question of a "right" possession is a question of physical fact. Although we speak of "owning" a watch, the property is something quite intangible: It is simply a right that the law recognizes. This applies to both goods and real estate.

The possession of the other party is a matter of fact, and goes beyond actual physical control. I have my watch while in my hand or pocket, or lying on a table. Possession is therefore the ability or power to control and intent to control, and the fact that the real control.

The possession of land can not, of course, depend on the actual handling. It is the ability and intent to control or use of the land that constitutes possession. This means that the auction house in Jamaica was conducted by those with possession.

Tangible and intangible heritages

A term sometimes used for real estate is "Hereditament", and is usually divided into:

1) body Hereditament
2) incorporeal Hereditament

If a person is entitled to enjoy the same land that is said to be a hereditament body because the earth is a "corpus" or body, which can be touched or seen. But, and a right to enjoy the earth itself, a man might also have a right, perhaps, to walk through your neighbor's land or a right to have the light entering through the windows of his neighbor's land. These rights are said to be "incorporeal estates" because the law is something "immaterial" which has no corpus.

This is a key factor to remember when you're attending property auctions Jamaica.

Colin Scott is a real estate marketing expert. For more great tips on buying houses on auction in Jamaica and house auctions in Jamaica visit any one of the links in this Author Bio.

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