Difference between revisions of "What Is Property?"

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Every thief in the world wishes life was that simple: take somebody's stuff and PRESTO it is your property.
 
Every thief in the world wishes life was that simple: take somebody's stuff and PRESTO it is your property.
  
If an individual picks up an object, makes something or homesteads some land, there is mere possession (physical control), often called holding.  There is no reason anybody else can't take that posession, either peacefully (picking up an object left alone) or violently (threatening or physically overpowering the former posessor) and make it their own possession.  In addition, it is VERY common for people to be in possession of the property of others.  For example, I possess a tool that I borrow, but I do not own it.
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Possession is a factual state of exercising control over an object, whether owning the object or not.  If an individual picks up an object, makes something or homesteads some land, there is mere possession (physical control), often called holding.  There is no reason anybody else can't take that posession, either peacefully (picking up an object left alone) or violently (threatening or physically overpowering the former posessor) or illegally and make it their own possession.  In addition, it is VERY common for people to be in possession of the property of others.  For example, I possess a tool that I borrow, but I do not own it.
  
 
So claims and possession are not enough to establish property.
 
So claims and possession are not enough to establish property.
  
Posesssion is considered in the legal community to be only one of [[#What_are_the_component_rights_of_property.3F|a bundle of many rights that comprise property]].  You need more than just possession to have property.
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Posesssion is considered in the legal community to be only one of [[#What_are_the_component_rights_of_property.3F|a bundle of many rights that comprise property, and an optional one at that]].  You need more than just possession to have property.
  
 
There are "natural" rules to possession as well.  Here is an incomplete list:
 
There are "natural" rules to possession as well.  Here is an incomplete list:

Revision as of 19:25, 2 November 2020