When a property is defined as per applicable laws, it becomes secured by law. The law framework defines the definite owner of the property and the corresponding benefits of holding the property. The protection given to properties varies between jurisdictions and depends on the corresponding law framework of that particular state or jurisdiction. The owners of the property shall usually be individuals or two or more individuals as a small group. The property ownership rights can be extended by using patents and copyrights. Houses, automobiles, Electronic equipment can be protected through rights of property ownership. Animals can also be watched through rights of property ownership. Intellectual property can also be protected through property ownership rights, including inventions, new ideas, discoveries, etc. Governments own communal property and are legally protected. Ownership of the government property lies on the individual who is in power to manage it. The property ownership rights provide the correct owner of the property to decide on what they wish to do with the property. The proper owner of the property can determine if they want to rent, sell, hold it themselves or transfer the property to other individuals. Mutually agreed transfers happen between individuals to acquire property ownership rights. When a particular property does not have property rights, the government takes the lead to manage ownership and use those resources. Such properties are allocated to political needs rather than economic preferences. In cases of open-access property, there is no particular owner for the property; best example – waterways.
Application of Trespassing
When an individual willfully and knowingly enters another person’s property without their consent, it is called trespassing. It is not required for the individual to know who the actual owner of the property is. Irrespective of the individual’s knowledge about the owner, when a physical entry happens in another person’s property, it is called the act of trespassing. Under the tort law, the property owner can file a case in the court of law against the trespasser as the entry was without permission. The property owner can recover for the damages incurred by the entrance of the trespasser. The property owner can also claim compensation if an injury had happened to the property due to the direct impact. Under tort action circumstances, the plaintiff should prove that the offender had consciously violated the rules and did not keep up with the duties to respect the other person’s property rights. This violation could lead to injury or damage to the plaintiff. Deliberate violation of the rules also leads to criminal charges. Trespassing is considered a criminal offense when the third party interferes with another individual’s legal property rights. Before the trespassing cases are brought to the court of law, the number of damages incurred or injury suffered shall be measured; civil penalties are listed down, corresponding remedies and procedures are laid down.
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