Land and property; two reciprocal terms
Land and property are two terms that are interchangeable and often come together. Property can be defined as a thing that is owned by a person; it can be tangible and intangible or movable or immovable. Let’s make it more simple and define it as having a legal title over something considered to be your property. Land and property together are explained as a piece of land or real estate owned by a person under legal laws.
What is the difference between movable and immovable property?
Between movable and immovable a variation is drawn in Pakistan, immovable property is defined as the things that are attached to the earth. ie buildings and land plus the benefits that are to come from land or anything that is attached to the earth but under the laws, grass, crops, and machinery embedded in or attached to the land. Considerable movable property is defined as anything that is not included in immovable property is movable property, therefore, the definition of movable property is given about immovable property.
What is the definition of land in Pakistan?
Not only Under the constitution of Pakistan 1973 but also other laws related to land, property rights are protected and have always been brought into notice. Articles under the constitution of the Islamic republic that focus on property rights are articles 23, 24, 172, and 173.
Let’s have a look at these important articles that explain land ownership in Pakistan.
Article 23 of the Constitution of Pakistan:
Under Article 23 it is stated that “every citizen shall have the right to acquire, hold and dispose of the property in any part of Pakistan, subject to the constitution and any reasonable restrictions imposed by law in the public interest.”
Article 24 of the Constitution of Pakistan:
About the acquisition of private property article 24 makes the following statement. “No property shall be compulsorily acquired or taken possession of saving for a public purpose, and save by the authority of law which provides for compensation therefore and either fixes the amount of compensation or specifies the principles on and how compensation is to be determined and given. ”
Article 172 of the Constitution of Pakistan:
In article 172, it is stated that “any property which has no rightful owner shall be located in a province, vest in the government of that province and every other case, in the federal government.”
The article simply means that firstly, minerals, land, and other valuable things that are within the continent or beyond territorial waters of Pakistan come under the ownership of the federal government, and secondly, natural gas and mineral oil that is found within the provincial territory shall be equally divided amongst the federal and the provincial government.
Article 173 of the Constitution of Pakistan:
The last article that talks about the protection of land and property laws, article 173 states “the federal and provincial government can grant, sell, dispose or mortgage any property that vests in them. These governments can purchase or acquire property. All properties acquired for the federation or of a province shall vest in the federal government or the concerned provincial government. ”
In Pakistan, the land is divided into three basic categories; private owned land, state-owned land, and village common land.
Private owners of the land have all the rights to gift, sell, exchange or even dispose of their private land to whomever or however they want but by the legal rules and regulations.
State land is also known as crown land ie Sarkaari Zameen is the land that is under the control of the government, Federal, Provincial or Local. In some cases, state land is given to the citizens under some schemes such as horse studs, cattle breeding, etc. in this scenario the land is under the control of the government but is possessed by the citizens.
Village common land termed as “Shamilat land” is the land given by the state to the owners of a village which can be used for the common purposes of the village community. Every person who is recorded as an owner of land in a village is also a joint owner in shamilat.
What is the difference between Commercial and Personal Property Law?
Commercial Property Law:
The property that is used for business purposes is termed as commercial property; besides this, it can also be termed as land that brings about profit for the owner. A lawyer who works for commercial property is likely to have clients from a wide range of areas because they are capable of dealing not only with domestic but international clients as well.
Examples of commercial property can be from a restaurant, warehouse, or building. You can easily make money / earn profit by reselling it or leasing it out.
For more details related to commercial property visit feeta.pk.
Personal Property Law:
Buying and selling of personal or residential property are defined as personal property law. It means that personal property includes one’s own house, residential unit, or any land that they own under legal terms. The lawyers who work under this law also have clients in a wide range of domestic and international just like commercial property law.
Transfer of land and property
The basic rule for transferring land or property is that it is a must according to the law that if an individual possesses a property it must be registered and verified under their name, this is important if you want to sell your property. There are several reasons for the transfer of property which can be gift deeds, inheritance, mortgage, exchange, etc.
Who is not eligible to transfer a property?
There are a few exceptions for people who are not entitled to transfer a property which includes, legally barred individuals, unstable, and under 18.
Laws of Tenants:
The law of tenants includes a few responsibilities that the tenants have to abide by. Which include
- It is important to pay the agreed amount on time. This has to be followed even if there is an ongoing dispute between the tenant and the owner.
- Be careful that you do not cause any damage to the property and if accidentally any damage is caused by you you must pay for it.
- If you are facing any problem while residing in the residence it is very important to immediately report to the owner so that the problem can be fixed.
- If there are any charges mentioned or highlighted in your agreement that you have to pay, you must abide by them, the entire time you are staying on the property.
Feeta.pk in this blog has focused on the basic land and property laws everyone should know about. Being aware of your rights and having knowledge about the laws is very important so that your rights are protected and no one can fraud or scam.