What are some similarities and differences between the legal protections available for real and intellectual?

Question

1. Owning real property does not mean that all rights are protected. Show two examples of where rights are limited in the ownership of land or property.

2. What are some similarities and differences between the legal protections available for real and intellectual properties?

Answer 1

The big three limits on real property are probably Zoning, Protective Covenants, and Taxes.

Zoning can tell you what use you may make of your land; for example, in a residential neighborhood, you can't raise cattle. Protective Covenants are basically rights of ownership your Seller didn't sell to you; they may establish minimum and maximum sizes of house, or height, or even exterior colors and ornamentation; for example, minimum 1st floor square footage of 1200, and no garden gnomes. Everything is subject to taxes. Pay the taxes or eventually lose the property.

The biggest differences between real and intellectual are probably jurisdiction and remedy. Jurisdiction for real property is at the County or Town level, intellectual property starts with the Trademark and Patent Offices. The remedy for violation of intellectual property is injunctive and cash awards, real property there is also the potential for restoring physical possession.