28 
Indiana University Studies 
not a natural right. It may be acquired by secondary acquisi- 
tion by operation of law in case of descent, adverse posses- 
sion, estoppel, accretion, reliction, marriage, and judicial sale, 
and by act of the parties in case of public grant, private con- 
veyance, and will. After one or more persons have acquired 
a right of real property in any one of these ways all other 
persons have acquired the duty to give the conduct indicated. 
Real property is absolute when one has acquired the exclusive 
and unqualified right to possess, use, and dispose of some ob- 
ject of ownership. It is qualified when he has anything less. 
The duty of course corresponds with the right. Violations of 
real property are torts. A violation of possession is a tres- 
pass; a violation of riparian use, violation of water rights; 
a violation of the right of disposal by false and malicious rep- 
resentations, slander of title; a false representation made 
knowingly and reasonably relied and acted upon, deceit; fail- 
ure to exercise diligence where one should see that harm is 
likely to result and it does result, negligence ; flooding the land 
of another other than in the natural way by water collected on 
his own land, or by changing the course of currents, nuisance ; 
causing one’s land to cave in by excavations underneath the 
same, removal of subjacent support; causing one’s land to 
cave in by excavations close to the boundary, removal of 
lateral support; a wrongful and lasting injury to the inheri- 
tance by owner of a particular estate, waste. All the rights 
of real property may be lost by private grant, judicial sale, 
taxation, eminent domain, exercise of the police power, con- 
fiscation, accretion, estoppel, and adverse possession. Estates 
of inheritance may also be lost by escheat, and easements by 
abandonment. 
(2 1 ) Personal property is the right of a person, either to 
the positive acts or to the forbearance of other persons, as 
respects any of the external things capable of ownership, ex- 
cept such as are the objects of real property. Personal prop- 
erty may be absolute or qualified in the same way that real 
property may be. It is a private antecedent right in per- 
sonam when the conduct is a positive act. The objects of 
personal property are chattels real (leaseholds and em- 
blements) and chattels personal, which are either corporeal 
or incorporeal. Corporeal chattels in turn are either animate 
(domestic animals, wild animals), or inanimate (money, ships, 
