{"id":8338,"date":"2017-11-18T19:33:58","date_gmt":"2017-11-18T19:33:58","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8338"},"modified":"2018-08-27T16:42:30","modified_gmt":"2018-08-27T16:42:30","slug":"ownership-the-bundle-of-rights-allowing-one-to-possess-use-manage-and-enjoy-property-including-the-right-to-convey-it-to-others-regardless-of-of-any-actual-or-constructive-control","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8338","title":{"rendered":"ownership – the “bundle of rights” to possess, use, manage, enjoy, &\/or convey property, by the person who has both title and dominion over it"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from\u00a0Law of Property<\/a>\u00a0>>>>\u00a0Property<\/a>:<\/strong><\/span><\/p>\n

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own<\/span>:
\n<\/span><\/strong>vb<\/em>. (bef. 12c)<\/span><\/p>\n

1. To rightfully have or possess as property; to have legal title<\/a> to.<\/strong> [1]<\/span><\/p>\n

1. To be the owner of anything.<\/span> State ex rel. Cole v District Court<\/em>, 79 Mont 11, 254 P 863<\/span>.<\/strong> [2]<\/span><\/p>\n

1. To be the owner of anything.<\/strong> [3]<\/span><\/p>\n

ownership<\/span>:<\/span><\/strong><\/span>
\n(16c)<\/span><\/span><\/p>\n

1. The bundle of rights allowing one to use, manage, and enjoy property, including the right to convey it to others.\u00a0 *\u00a0 Ownership implies the right to possess a thing, regardless of any actual or constructive control.\u00a0 Ownership rights are general, permanent, and heritable.<\/strong><\/span>\u00a0[1]<\/span><\/span><\/p>\n

1. The rights of an owner. \u00a0Title to property<\/a>. \u00a0Dominion over property. \u00a0The right of possession<\/a> and control of property, including the right to protect and defend such possession<\/a> against the intrusion or <\/b><\/span>trespass<\/b><\/span><\/span>\u00a0of others. <\/b><\/span>42 Am J1st Prop\u00a0\u00a7 40<\/span>.<\/span><\/strong><\/span><\/span><\/p>\n

The right to dispose of a thing as one pleases, <\/b>provided<\/b><\/span><\/span>\u00a0the rights of others are not thereby <\/b>infringed<\/b><\/span><\/span>\u00a0or some law violated. <\/b><\/span><\/span>See <\/span>Higgins Oil & Fuel Co. v Guaranty Oil Co.<\/em> 145 La 233, 82 So 206, 5 ALR 411, 414<\/span>.<\/span><\/strong> [2]<\/span><\/span><\/p>\n

1. The rights of an owner, including the right to possess and control property.<\/span><\/strong><\/span>
\n \u00a0 \u00a0See coownership<\/em>; incident of ownership<\/em>; indicia of ownership<\/em>; joint ownership<\/em>; ostensible ownership<\/em>; owner<\/em>; sole and unconditional ownership<\/em>; sole ownership<\/em>; unconditional ownership<\/em>. [3]<\/span><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from<\/span>\u00a0Marsh v. Alabama<\/em><\/a>\u00a0(1946):<\/span><\/span><\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201c<\/span>Ownership does not always mean absolute dominion. The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rig<\/span><\/strong>hts become circumscribed by the statutory and constitutional powers of those who use it.<\/span>\u201d<\/span><\/strong> [2]<\/span><\/span><\/span><\/p>\n

\n

\u00a0 \u00a0<\/span> \u00a0Excerpt from John Salmond’s<\/span>\u00a0Jurisprudence<\/em><\/a>\u00a0(Glanville L. Williams ed., 10th ed. 1947):<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201c<\/span>Possession<\/a> is the de facto<\/em> exercise of a claim; ownership is the de jure<\/em> recognition of one. \u00a0A thing is owned by me when my claim to it is maintained by the will of the state as expressed in the law; it is possessed by me, when my claim to it is maintained by my own self-assertive will. \u00a0Ownership is the guarantee of the law; possession<\/a> is the guarantee of the facts. It is well to have both forms if possible; and indeed they normally co-exist.<\/span>\u201d<\/strong> [3]<\/span><\/p>\n

owner<\/span>:<\/span>
\n<\/strong><\/span>(bef. 12c)<\/span><\/span><\/p>\n

1. Someone who has the right to possess, use. and convey something; a person In whom one or more interests are vested.\u00a0 *\u00a0 An owner may have complete property in the thing or may have parted with some interests in it (as by granting an easement or making a lease).\u00a0<\/strong>\u00a0<\/span><\/p>\n

1. One who has complete dominion over particular property. 42 Am J1st Prop\u00a0\u00a7 37<\/span>.<\/span><\/strong><\/p>\n

The person in whom the legal or equitable title rests. Anno: 2 ALR 779, s. 95 ALR 1086<\/span>.<\/span><\/strong><\/p>\n

In common understanding, the person who, in case of the destruction of property, must sustain the loss. 42 Am J1sst Prop\u00a0\u00a7 37<\/span>.<\/span><\/strong><\/p>\n

As the meaning of “owner” as used in statues relating to eh assessment and collection of taxes, see Anno: 2 ALR 792<\/span>.<\/span><\/strong><\/p>\n

As to the meaning of the word “owner” as used in statutes penalizing unlawful cutting of timerber, see Anno: 2 ALR 799<\/span>.<\/span><\/strong><\/p>\n

As to the maning of the term “owner” as used in statutes declaring who may redeem from sale under execution, <\/span><\/strong>see <\/span>Anno: 2 ALR 794<\/span>.<\/span><\/strong><\/p>\n

As to the meaning of “owner” as used in real property stattues, <\/span><\/strong>see <\/span>Anno: 2 ALR 778<\/span>.<\/span><\/strong><\/p>\n

As to the meaning of the term “owner” as used in statutes relating to trespass or forcible entry and detainer, <\/strong>see Anno: 2 ALR 798<\/span>.<\/strong> [2]<\/span><\/p>\n

1. A person who has title to property and dominion over it.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See coownership<\/em>; part owner<\/em>; reputed owner<\/em>; riparian owner<\/em>. [3]<\/span><\/p>\n

Related Terms:<\/span><\/strong><\/p>\n

dominion<\/span><\/a> – ownership and control<\/a> <\/span>, or control<\/a> <\/span>and possession<\/a> <\/span>.<\/span><\/strong><\/p>\n