Some Fundamental Concepts of Property Law: A Critical Survey

Abstract

Historical developments have left a greater impression on the law of property than on many other branches of law. Land law, which constitutes a substantial portion of the law of property, is of particular import in this regard. The characteristic feature of land is its permanence, which is manifested in place, time and quantity: place – land being immovable; time – land having a continuous existence; and quantity – the amount of land basically not changing. This threefold permanence exposes land law to the continuous influence of historical forces, the effects of which are lasting. The phenomenon can be observed in the legal systems of many countries, including Israel.