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Property is a system of rights that gives people legal control of valuable things, [1] and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume , alter, share, redefine , rent , mortgage , pawn , sell , exchange , transfer , give away or destroy it, or to exclude others from doing these things, [2] as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights.
In economics and political economy , there are three broad forms of property: private property , public property , and collective property also called cooperative property. However, there is an expectation that each party's will rather discretion with regard to the property be clearly defined and unconditional, [ citation needed ] to distinguish ownership and easement from rent. The parties might expect their wills to be unanimous , or alternately every given one of them, when no opportunity for or possibility of a dispute with any other of them exists, may expect his, her, it's or their own will to be sufficient and absolute.
The first Restatement defines property as anything, tangible or intangible, whereby a legal relationship between persons and the State enforces a possessory interest or legal title in that thing. This mediating relationship between individual, property, and State is called a property regime. In sociology and anthropology , property is often defined as a relationship between two or more individuals and an object, in which at least one of these individuals holds a bundle of rights over the object.
The distinction between "collective property" and "private property" is regarded as confusion since different individuals often hold differing rights over a single object. Types of property include real property the combination of land and any improvements to or on the ground , personal property physical possessions belonging to a person , private property property owned by legal persons, business entities or individual natural persons , public property State-owned or publicly owned and available possessions and intellectual property exclusive rights over artistic creations, inventions , etc.
However, the last is not always as widely recognized or enforced. A title , or a right of ownership , establishes the relation between the property and other persons, assuring the owner the right to dispose of the property as the owner sees fit. Property is often defined by the code of the local sovereignty and protected wholly or more usually partially by such entity, the owner being responsible for any remainder of protection.
The standards of the proof concerning proofs of ownerships are also addressed by the code of the local sovereignty, and such entity plays a role accordingly, typically somewhat managerial. Some philosophers [ who?
Various scholarly disciplines such as law , economics , anthropology or sociology may treat the concept more systematically, but definitions vary, most particularly when involving contracts.
Positive law defines such rights, and the judiciary can adjudicate and enforce property rights. According to Adam Smith , the expectation of profit from "improving one's stock of capital" rests on private property rights.
From this has evolved the modern conception of property as a right enforced by positive law, in the expectation that this will produce more wealth and better standards of living. However, Smith also expressed a very critical view of the effects of property laws on inequality:.
In his text "The Common Law," Oliver Wendell Holmes describes property as having two fundamental aspects. The first, possession, can be defined as control over a resource based on the practical inability to contradict the ends of the possessor.
The second title is the expectation that others will recognize rights to control resources, even when not in possession. He elaborates on the differences between these two concepts and proposes a history of how they came to be attached to persons, as opposed to families or entities such as the church.
Both communism and some forms of socialism have also upheld the notion that private ownership of capital is inherently illegitimate. This argument centers on the idea that private ownership of capital always benefits one class over another, giving rise to domination through this privately owned capital. Communists do not oppose personal property that is "hard-won, self-acquired, self-earned" as " The Communist Manifesto " puts it by members of the proletariat.
Both socialism and communism distinguish carefully between private ownership of capital land, factories, resources, etc. and private property homes, material objects, and so forth. Most legal systems distinguish between different types of property, especially between land immovable property , estate in land , real estate , real property and all other forms of property— goods and chattels , movable property or personal property , including the value of legal tender if not the legal tender itself , as the manufacturer rather than the possessor might be the owner.
They often distinguish tangible and intangible property. One categorization scheme specifies three species of property: land, improvements immovable man-made things , and personal property movable man-made things. In common law , real property immovable property is the combination of interests in land and improvements thereto, and personal property is interest in movable property.
Real property rights are rights relating to the land. These rights include ownership and usage. Owners can grant rights to persons and entities in the form of leases , licenses , and easements.
Throughout the last centuries of the second millennium , with the development of more complex theories of property, the concept of personal property had become divided [ by whom? Treatment of intangible property is such that an article of property is, by law or otherwise by traditional conceptualization, subject to expiration even when inheritable , which is a key distinction from tangible property.
Upon expiration, the property, if of the intellectual category, becomes a part of public domain , to be used by but not owned by anybody, and possibly used by more than one party simultaneously due to the inapplicability of scarcity to intellectual property. Whereas things such as communications channels and pairs of electromagnetic spectrum bands and signal transmission power can only be used by a single party at a time, or a single party in a divisible context, if owned or used.
Thus far or usually, those are not considered property, or at least not private property, even though the party bearing right of exclusive use may transfer that right to another. In many societies the human body is considered property of some kind or other. The question of the ownership and rights to one's body arise in general in the discussion of human rights , including the specific issues of slavery , conscription , rights of children under the age of majority , marriage , abortion , prostitution , drugs , euthanasia and organ donation.
Of the following, only sale and at-will sharing involve no encumbrance. The two major justifications are given for the original property, or the homestead principle , are effort and scarcity.
John Locke emphasized effort, "mixing your labor" [11] with an object, or clearing and cultivating virgin land. Benjamin Tucker preferred to look at the telos of property, i.
His answer: to solve the scarcity problem. Only when items are relatively scarce concerning people's desires, do they become property. Agrarian societies later made arable land property, as it was scarce. For something to be economically scarce, it must necessarily have the "exclusivity property"—that use by one person excludes others from using it.
These two justifications lead to different conclusions on what can be property. Intellectual property —incorporeal things like ideas, plans, orderings and arrangements musical compositions, novels, computer programs —are generally considered valid property to those who support an effort justification, but invalid to those who support a scarcity justification, since the things don't have the exclusivity property however, those who support a scarcity justification may still support other "intellectual property" laws such as Copyright , as long as these are a subject of contract instead of government arbitration.
Thus even ardent propertarians may disagree about IP. From some anarchist points of view, the validity of property depends on whether the "property right" requires enforcement by the State. Different forms of "property" require different amounts of enforcement: intellectual property requires a great deal of state intervention to enforce, ownership of distant physical property requires quite a lot, ownership of carried objects requires very little.
In contrast, requesting one's own body requires absolutely no state intervention. So some anarchists don't believe in property at all. Many things have existed that did not have an owner , sometimes called the commons. The term "commons," however, is also often used to mean something entirely different: "general collective ownership"—i. common ownership. Also, the same term is sometimes used by statists to mean government-owned property that the general public is allowed to access public property.
Law in all societies has tended to reduce the number of things not having clear owners. Supporters of property rights argue that this enables better protection of scarce resources due to the tragedy of the commons.
At the same time, critics say that it leads to the 'exploitation' of those resources for personal gain and that it hinders taking advantage of potential network effects. These arguments have differing validity for different types of "property"—things that are not scarce are, for instance, not subject to the tragedy of the commons.
Some apparent critics advocate general collective ownership rather than ownerlessness. Things that do not have owners include: ideas except for intellectual property , seawater which is, however, protected by anti-pollution laws , parts of the seafloor see the United Nations Convention on the Law of the Sea for restrictions , gases in Earth's atmosphere , animals in the wild although in most nations, animals are tied to the land.
In the United States and Canada, wildlife is generally defined in statute as property of the State. This public ownership of wildlife is referred to as the North American Model of Wildlife Conservation and is based on The Public Trust Doctrine.
The nature of children under the age of majority is another contested issue here. In ancient societies, children were generally considered the property of their parents.
However, children in most modern communities theoretically own their bodies but are not regarded as competent to exercise their rights. Their parents or guardians are given most of the fundamental rights of control over them. Questions regarding the nature of ownership of the body also come up in the issue of abortion , drugs , and euthanasia.
In many ancient legal systems e. temples were considered property of the God or gods they were devoted to. However, religious pluralism makes it more convenient to have sacred sites owned by the spiritual body that runs them.
Intellectual property and air airspace , no-fly zone , pollution laws, which can include tradable emissions rights can be property in some senses of the word. Ownership of land can be held separately from the ownership of rights over that land, including sporting rights, [15] mineral rights , development rights, air rights , and such other rights as may be worth segregating from simple land ownership.
Ownership laws may vary widely among countries depending on the nature of the property of interest e. Persons can own property directly. In most societies legal entities , such as corporations , trusts and nations or governments own property.
In many countries women have limited access to property following restrictive inheritance and family laws, under which only men have actual or formal rights to own property. In the Inca empire, the dead emperors, considered gods, still controlled property after death. In 17th-century England, the legal directive that nobody may enter a home which in the 17th century would typically have been male-owned unless by the owner's invitation or consent, was established as common law in Sir Edward Coke 's " Institutes of the Lawes of England.
It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter. That principle was carried to the United States. Under U. law, the principal limitations on whether and the extent to which the State may interfere with property rights are set by the Constitution.
The "Takings" clause requires that the government whether State or federal—for the 14th Amendment's due process clause imposes the 5th Amendment's takings clause on state governments may take private property only for a public purpose after exercising due process of law, and upon making "just compensation. There exist many theories of property. One is the relatively rare first possession theory of property , where ownership of something is seen as justified simply by someone seizing something before someone else does.
Locke advanced the theory that God granted dominion over nature to man through Adam in the book of Genesis. Therefore, he theorized that when one mixes one's labor with nature, one gains a relationship with that part of nature with which the labor is mixed, subject to the limitation that there should be "enough, and as good, left in common for others.
From the RERUM NOVARUM, Pope Leo XIII wrote, "It is surely undeniable that, when a man engages in remunerative labor, the impelling reason and motive of his work is to obtain property, and after that to hold it as his very own. Anthropology studies the diverse ownership systems, rights of use and transfer, and possession [24] under the term "theories of property.
However, not all property systems are founded on this basis. In every culture studied, ownership and possession are the subjects of custom and regulation, and "law" is where the term can meaningfully be applied.
- Property
Charity Essenes Gift Kibbutz Monasticism Tithe , Zakat modern sense. Adverse possession Confiscation Eminent domain Fine Jizya Nationalization Regulatory fees and costs Search and seizure Tariff Tax Turf and twig historical Tithe , Zakat historical sense RS In Wolf, Michael Alan ed. Powell on Real Property. New Providence, NJ. ISBN Comparing Economic Systems in the Twenty-First Century. Boston: Houghton Mifflin.
There are three broad forms of property ownership-private, public, and collective cooperative. Institute of Rural Management Anand. Retrieved 26 October Toward an Anthropological Theory of Value. New York: Palgrave. one might argue that property is a social relationship as well, reified in the same way: when one buys a car one is not purchasing the right to use it so much as the right to prevent others from using it-or, to be even more precise, one is purchasing their recognition that one has the right to do so.
But since it is so diffuse, a social relation- a contract, in effect, between the owner and everyone else in the entire world is easy to think of it as a thing.
Archived from the original on Retrieved Peace Education Books. Hackett Publishing Company. Cornell University's Legal Information Institute. Property means Real Property, Personal Property and mixed Property. Real Property means any land, whether raw or improved, and includes structures, fixtures, appurtenances and other permanent improvements, excluding moveable machinery and equipment.
Real Property includes land that is served by the construction of Project infrastructure such as roads, sewers, and water lines where the infrastructure contributes to the value of such land as a specific purpose of the Project. Retrieved 14 May Archived from the original on 6 July Archived from the original PDF on Retrieved 6 December Willow River Power Co. the United States ," U. United States", F. City of New York", U. Riverside Bayview Homes , U.
Causby , U. Graham Oppy. Routledge, , p. Anthropological perspectives on property in the age of neoliberalism " Socio-Economic Review, Volume 5, Number 2, April , pp. Property: Its Duties and Rights. London: Macmillan. Retrieved 4 April citing Cicero, De officiis , i. citing Seneca, Epistles, xiv, 2. citing Decretum, D. Part I. Sic Itur Ad Astra. San Diego, California: The Universal Scientific Publications Company, Inc. Collective Common Communal Community Crown Customary Cooperative Private Public Self Social State Unowned.
Estate Croft Intangible Intellectual indigenous Personal Tangible real. Common land Common-pool resource Digital Global Information Knowledge. Bundle of rights Commodity fictitious commodities Common good economics Excludability First possession appropriation homestead principle Free-rider problem Game theory Georgism Gift economy Labor theory of property Law of rent rent-seeking Legal plunder Natural rights Ownership Property rights primogeniture usufruct women's Right to property Rivalry Tragedy of the commons anticommons.
Acequia watercourse Ejido agrarian land Forest types Huerta Inheritance Land tenure Property law alienation easement restraint on alienation real estate title. Air Fishing Forest-dwelling India Freedom to roam Grazing pannage Hunting Land aboriginal indigenous squatting Littoral Mineral Bergregal Right of way Water prior-appropriation riparian.
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Download as PDF Printable version. Wikimedia Commons Wikiquote. Part of the common law series. Real property Personal property Community property Unowned property. Gift Adverse possession Deed Conquest Discovery Accession Lost, mislaid, and abandoned property Treasure trove Bailment License Alienation. Allodial title Fee simple Fee tail Life estate Defeasible estate Future interest remainder Concurrent estate Leasehold estate Condominiums Real estate Land tenure.
Bona fide purchaser Torrens title Strata title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title Escheat. Restraint on alienation Rule against perpetuities Rule in Shelley's Case Doctrine of worthier title.
Lien Easement Profit Usufruct Covenant Equitable servitude. Fixtures Waste Partition Practicing without a license Property rights Mineral rights Water rights prior appropriation riparian Lateral and subjacent support Assignment Nemo dat Quicquid plantatur Conflict of property laws Blackacre Security deposit. Contract law Tort law Wills , trusts and estates Criminal law Evidence Higher category: Law and Common law. Allowing limited and temporary but potentially renewable, exclusive use of property, but in exchange for compensation.
Better known as nonpossessory interest or variation of the same notion, of which an instance may be given to another party, which is itself an incorporeal form of property.
The particular interest may easily be destroyed once it and the property are owned by the same party. Aspect of property whereby ownership or equity of a particular portion of all property stock ever to be produced from it may be given to another party, which is itself an incorporeal form of property.
The share may easily be destroyed once it and the property are owned by the same party. Aspect of property whereby the right of a particular use of it may be given to another party, which is itself an incorporeal form of property.
The easement or use-right may easily be destroyed once it and the property are owned by the same party. Condition whereby unencumbered ownership of property is contingent upon completion of obligation; the property being collateral and associated with security interest in such an arrangement.
Other Words from property Synonyms Choose the Right Synonym Example Sentences Phrases Containing property Learn More About property. Synonyms for property Synonyms lot , parcel , plat , plot , tract Visit the Thesaurus for More. Choose the Right Synonym for property quality , property , character , attribute mean an intelligible feature by which a thing may be identified.
Examples of property in a Sentence We are not responsible for the loss of personal property. He was trying to sell stolen property. He was caught trespassing on private property. She owns all sorts of property around town.
The students were caught smoking on school property. He owns several valuable properties in the area. a developer of commercial properties One of the properties of helium is its lightness. A unique property of garlic is its strong odor. The two plants have similar physical properties.
See More. Phrases Containing property community property common property intellectual property personal property property damage property right property damage insurance public property property tax. community property common property intellectual property personal property property damage property right property damage insurance public property property tax See More. First Known Use of property 14th century, in the meaning defined at sense 1a. Learn More About property.
Share property Post the Definition of property to Facebook Share the Definition of property on Twitter. Time Traveler for property The first known use of property was in the 14th century See more words from the same century. Dictionary Entries Near property proper to property property damage See More Nearby Entries. Statistics for property Last Updated 27 Oct Look-up Popularity. Style: MLA.
com Dictionary , s. com dictionary. Kids Definition of property. Legal Definition of property. More from Merriam-Webster on property Nglish: Translation of property for Spanish Speakers Britannica English: Translation of property for Arabic Speakers Britannica. das Eigentum, der Besitz, die Eigenschaft…. eiendom [masculine], fast eiendom [masculine], eiendel [masculine]…. 소유물, 부동산…. Need a translator? Translator tool. What is the pronunciation of property?
Browse proper noun. properly speaking idiom. property and liability insurance. property bond. property company. property damage. Test your vocabulary with our fun image quizzes. Image credits. Word of the Day touchdown UK Your browser doesn't support HTML5 audio. US Your browser doesn't support HTML5 audio. in American football the act of scoring points by carrying the ball across the other team's goal line or throwing the ball so that it is caught by a member of your team who is across the other team's goal line About this.
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