READINGS

IN THE

LAW OF REAL PROPERTY.

BOOK I.

THE PLACE OF REAL PROPERTY IN THE COMMON LAW SYSTEM.

CHAPTER I.

CLASSIFICATION OF PROPERTY.

(a) The Natural Classification.

DIGBY, HIST. REAL PROP., App., § 1. The rights and their corresponding duties which form the matter of English private law are first to be divided into two great classes, differing from each other in respect of the persons on whom the duties, which correlate to the right, are incumbent. A person may have a right the essence of which consists in the fact that all other persons whatsoever are under a duty corresponding to the right; or he may have a right the essence of which consists in the fact that the corresponding duty is incumbent on some one or more determinate person or per

An example of the first class of rights is the right of property which a person has in or over a piece of land or a herd of cattle. All other persons whatsoever are bound to abstain from acts injurious to his power of dealing as he