12/16/2017 Characteristics of Ownership - SRD Law Notes

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Home Jurisprudence Characteristics of Ownership

Characteristics of Ownership
The term ownership is emerged from the word 'own' which means "to have or to hold a thing". One who
holds a thing as his own is called owner and will have the right of ownership over it. Therefore, the term ownership
literary means legitimate and absolute right of a person over a thing or an object having title".

Definition of Ownership:

According to Austin: "Ownership means right which avails against everyone who is subject to the law conferring
the right to put thing to user of indefinite nature." Full ownership is defined as " a right indefinite in point of user, Nominations with a
unrestricted in point of disposition and unlimited in point of duration" it is a right in rem which is available against the
whole world.

SUBJECTS
Characteristics of ownership:
Accountancy for Lawyer
1) Right to possess -
Administration of justice
Possession means "physical control over a thing or an object. To constitute ownership the owner must be entitled
Civil Procedure Code
to the possession of the property.
Comparative Law
2) Right to possess the thing, which he owns:
Constitutional Law

This right in strict sense. He may not have necessarily the possession for he may have been wrongfully deprived Cyber Law
of it or may have voluntarily divested himself of it.
Hindu Family Law

Hindu Law
3) Right to use and enjoy:
Human Rights
The owner of the property has a right to use and enjoy the property he owns subject to certain restrictions /
International Law
regulations by law/state. These are liberties. The right to manage it for example: the right to decide how it shall be used
and the right to income from it. These are in fact liberties; the owner has liberties to use the thing. I.e. he is under no Jurisprudence
duty not to use it in contract with other who is under duty not to use it or interfere with it.
Labour Law

4) Right to Consume, destroy (liberties) or alienate: Law of Arbitration and Conciliation

It means right to dispose off or gift or Mortgage or lease etc. The right of owner over property is absolute, which Law of Conflict
includes the right of alienation. The right to consume and to destroy is straightforward liberties.
Law of Contracts

5) Perpetual right / Indeterminate Duration: Law of Crime

Law of Evidence
The owner of the property has perpetual right or the right for unlimited period over the property. Those who are
not owners may be entitled to possess or use the thing but the period for which they are so entitled is a limited Law of Tort
duration. But in case of Ownership, it is of an indeterminate duration. Thus the interest of Bailee or lessee comes to an
end when the period of bailment or lease is over. But the owner's interest is perpetual and does not terminate even in Legal History
owner's death, because in that case the property will go to his legal hairs.
Muslim Law

6) Actual right: Professional Ethics

Property Law
The right of owner over the property is heritable. It passes to the legal hairs after his death.
Public Interest Litigation
7) Ownership has a residuary character:
Transfer of property

It is possible that an owner has parted or given away so many rights in respect of the things he owned. Still he
continues to be the owner of the things in view of the residuary character of ownership. For example if and owner gives
the lease of his property to A and easement to B, his Ownership of the land is now consists of Residual right. For Ads by Google
example rights which remain when the lesser rights have been taken away.
House Lease

Deed Ownership

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