Ownership is the state or fact of exclusive rights Rights are legal, social, or ethical principles of freedom or entitlement — i.e. rights are normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. The concept of rights is often fundamental to civilized societies, and it is of vital importance in such disciplines and control over property Property is any physical or intangible entity that is owned by a person or jointly by a group of persons. Depending on the nature of the property, an owner of property has the right to consume, sell, rent, mortgage, transfer, exchange or destroy their property, and/or to exclude others from doing these things. Important widely recognized types of, which may be an object Personal property, roughly speaking, is private property that is moveable, as opposed to real property or real estate. In the common law systems personal property may also be called chattels or personalty. In the civil law systems personal property is often called movable property or movables - any property that can be moved from one location to, land/real estate Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to "hold" the land. The sovereign monarch, known as The Crown, held land in its own right. All private owners are either its tenants or sub-tenants. The term "tenure" is used to signify the or intellectual property Intellectual property is a term referring to a number of distinct types of creations of the mind for which property rights are recognised--and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries. Ownership involves multiple rights, collectively referred to as title Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership. Conveyance of the document may be required in order to, which may be separated and held by different parties. The concept of ownership has existed for thousands of years and in all cultures. Over the millennia, however, and across cultures what is considered eligible to be property and how that property is regarded culturally is very different. Ownership is the basis for many other concepts that form the foundations of ancient and modern societies such as money Money is any object that is generally accepted as payment for goods and services and repayment of debts in a given country or socio-economic context. The main functions of money are distinguished as: a medium of exchange; a unit of account; a store of value; and, occasionally, a standard of deferred payment, trade Trade is the voluntary exchange of goods, services, or both. Trade is also called commerce or transaction. A mechanism that allows trade is called a market. The original form of trade was barter, the direct exchange of goods and services. Later one side of the barter were the metals, precious metals , bill, paper money. Modern traders instead, debt Debt is that which is owed; usually referencing assets owed, but the term can also cover moral obligations and other interactions not requiring money. In the case of assets, debt is a means of using future purchasing power in the present before a summation has been earned. Some companies and corporations use debt as a part of their overall, bankruptcy Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. Creditors may file a bankruptcy petition against a business or corporate debtor in an effort to recoup a portion of what they are owed or initiate a restructuring. In the majority of cases, however, bankruptcy is initiated by, the criminality Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently. While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as " of theft and private vs. public property. Ownership is the key building block in the development of the capitalist Capitalism is an economic system in which the means of production are privately owned; supply, demand, price, distribution, and investments are determined mainly by private decisions in the free market, rather than by the state through central economic planning or through democratic planning; profit is distributed to owners who invest in socio-economic system.

The process and mechanics of ownership are fairly complex since one can gain, transfer and lose ownership of property in a number of ways. To acquire property one can purchase it with money, trade it for other property, receive it as a gift, steal it, find it, make it or homestead The Homestead principle in law is the concept that one can gain ownership of a natural thing that currently has no owner by using it or building something out of it. Along with self-ownership, the right to homestead is one of the foundations of deontological libertarianism it. One can transfer or lose ownership of property by selling it for money, exchanging it for other property, giving it as a gift, being robbed of it, misplacing it, or having it stripped from one's ownership through legal means such as eviction, foreclosure and seizure. Ownership is self-propagating in that the owner of any property will also own the economic benefits of that property.

Contents

Types of owners

In person

Individuals may own property directly. In some societies only adult men may own property[citation needed]; in other societies (such as the Haudenosaunee The Iroquois , also known as the Haudenosaunee or the "People of the Longhouse", are an association of several tribes of indigenous people of North America. After the Iroquoian-speaking peoples coalesced as distinct tribes, based mostly in present-day upstate New York, in the 16th century or earlier they came together in an association), property is matrilinear Matrilineality is a system in which lineage is traced through the mother and maternal ancestors. In this article matrilineality also is a societal system in which one belongs to one's matriline or mother's lineage, which can involve the matrilineal inheritance of property and/or titles and passed on from mother to the son[citation needed]. In most societies both men and women can own property with no restrictions and limitations at all.

Structured Ownership Entities

Throughout history, nations (or governments) and religious organizations have owned property. These entities exist primarily for other purposes than to own or operate property, hence they may have no clear rules regarding the disposition of their property.

To own and operate property, structures (often known today as legal entities The term legal person is a concept in philosophy of law topics wherein an entity is regarded by law to be like a person with such status being granted legal rights to protections and/or privileges under law. It is a term found in business-corporate law and animal rights law contexts, wherein corporations are regarded as highly productive human) have been created in many societies throughout history. The differences in how they deal with members' rights is a key factor in determining their type. Each type has advantages and disadvantages derived from their means of recognizing or disregarding (rewarding or not), contributions of financial capital or personal effort.

Cooperatives, corporations, trusts, partnerships, condominium associations are only some of the many varied types of structured ownership; each type has many subtypes. Legal advantages or restrictions on various types of structured ownership have existed in many societies past and present. To govern how assets are to be used, shared or treated, rules and regulations may be legally imposed or internally adopted or decreed.

Liability for the Group or for Others in the Group

Ownership implies responsibility, for actions regarding the property. A "legal shield" is said to exist if the entity's legal liabilities do not get redistributed among the entity's owners or members. An application of this, to limit ownership risks, is to form a new entity to purchase, own and operate each property. Since the entity is separate and distinct from others, if a problem occurs which leads to a massive liability, the individual is protected from losing more than the value of that one property. Many other properties are protected, when owned by other distinct entities.

In the loosest sense of group ownership, a lack of legal framework, rules and regulations may mean that group ownership of property places every member in a position of responsibility (liability) for the actions of each other member. A structured group duly constituted as an entity under law may still not protect members from being personally liable for each others' actions. Court decisions against the entity itself may give rise to unlimited personal liability for each and every member. An example of this situation is a professional partnership (e.g. law practice) in some jurisdictions. Thus, being a partner or owner in a group may give little advantage in terms of share ownership while producing a lot of risk to the partner, owner or participant.

Sharing Gains

At the end of each financial year, accounting rules determine a surplus or profit, which may be retained inside the entity or distributed among owners according to the initial setup intent when the entity was created.

Entities with a member focus will give financial surplus back to members according to the volume of financial activity that the participating member generated for the entity. Examples of this are producer cooperatives, buyer cooperatives and participating whole life policyholders in both mutual and share-capital insurance companies.

Entities with share voting rights that depend on financial capital distribute surplus among shareholders without regard to any other contribution to the entity. Depending on internal rules and regulations, certain classes of shares have the right to receive increases in financial "dividends" while other classes do not. After many years the increase over time is substantial if the business is profitable. Examples of this are common shares and preferred shares in private or publicly listed share capital corporations.

Entities with a focus on providing service in perpetuam do not distribute financial surplus; they must retain it. It will then serve as a cushion against losses or as a means to finance growth activities. Examples of this are not-for-profit entities: they are allowed to make profits, but are not permitted to give any of it back to members except by way of discounts in the future on new transactions.

Depending on the charter at the foundation of the entity, and depending on the legal framework under which the entity was created, the form of ownership is determined once and for all time. To change it requires significant work in terms of communicating with stakeholders (member-owners, governments, etc) and acquiring their approval. Whatever structural constraints or disadvantages exist at the creation thus remain an integral part of the entity. Common in for instance New York City, Hamburg and Berlin in Germany is a form of real estate ownership known as a cooperative A cooperative is a business organization owned and operated by a group of individuals for their mutual benefit. Cooperatives are defined by the International Co-operative Alliance's Statement on the Co-operative Identity as autonomous associations of persons united voluntarily to meet their common economic, social, and cultural needs and (also co-operative or co-op, in German Wohnungsgenossenschaft - apartment co-operative) which relies heavily on internal rules of operation instead of the legal framework governing condominium associations. These "co-ops", owning the building for the mutual benefit of its members, can ultimately perform most of the functions of a legally constituted condominium, i.e. restricting use appropriately and containing financial liabilities to within tolerable levels. To change their structure now that they are up and operating would require significant effort to achieve acceptance among members and various levels of government.

Sharing Use

The owning entity makes rules governing use of property; each property may comprise areas that are made available to any and every member of the group to use. When the group is the entire nation, the same principle is in effect whether the property is small (e.g. picnic rest stops along highways) or large such as national parks A national park is a reserve of natural or semi-natural land, declared or owned by a government, set aside for human recreation and enjoyment, animal and environmental protection and restricted from most development. While ideas for national parks had been suggested previously, what is held to be the first one established was the United States', highways, ports, and publicly owned buildings. Smaller examples of shared use include common areas such as lobbies, entrance hallways and passages to adjacent buildings.

One disadvantage of communal ownership, known as the Tragedy of the Commons The tragedy of the commons refers to a dilemma described in an influential article by that name written by Garrett Hardin and first published in the journal Science in 1968. The article describes a situation in which multiple individuals, acting independently, and solely and rationally consulting their own self-interest, will ultimately deplete a, occurs where unlimited unrestricted and unregulated access to a resource (e.g. pasture land) destroys the resource because of over-exploitation Overexploitation, also called overharvesting, refers to harvesting a renewable resource to the point of diminishing returns. If sustained, it can lead to the destruction of the resource. The term can be applied to various natural resources such as wild medicinal plants, grazing pastures, fish stocks, forests and water aquifers. The benefits of exploitation accrue to individuals immediately, while the costs of policing or enforcing appropriate use, and the losses dues to overexploitation, are distributed among many, and are only visible to these gradually.

In an ideal communist Communism is a sociopolitical structure that aims for a classless and stateless society with the communal ownership of property nation the means of production of goods would be owned communally by all people of that nation; the original thinkers did not specify rules and regulations.

Ownership Models

Types of property

Personal property

Main article: Personal property Personal property, roughly speaking, is private property that is moveable, as opposed to real property or real estate. In the common law systems personal property may also be called chattels or personalty. In the civil law systems personal property is often called movable property or movables - any property that can be moved from one location to

Personal property is a type of property Property is any physical or intangible entity that is owned by a person or jointly by a group of persons. Depending on the nature of the property, an owner of property has the right to consume, sell, rent, mortgage, transfer, exchange or destroy their property, and/or to exclude others from doing these things. Important widely recognized types of. In the common law Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different systems personal property may also be called chattels. It is distinguished from real property Real property and personal property are the main classifications of property in the common law. Real property refers to land and the improvements made by human efforts—buildings, machinery, the acquisition of various property rights, and the like. Real property is also termed realty, real estate, and immovable property, or real estate Real estate is a legal term that encompasses land along with improvements to the land, such as buildings, fences, wells and other site improvements that are fixed in location—immovable. Real estate law is the body of regulations and legal codes which pertain to such matters under a particular jurisdiction and include things such as commercial. In the civil law Civil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined by judges. Conceptually, it is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, ecclesiastical, feudal, and local practices, as systems personal property is often called movable property Personal property, roughly speaking, is private property that is moveable, as opposed to real property or real estate. In the common law systems personal property may also be called chattels or personalty. In the civil law systems personal property is often called movable property or movables - any property that can be moved from one location to or movables - any property that can be moved from one location or another. This term is used to distinguish property that different from immovable property Immovable property is an immovable object, an item of property that cannot be moved without destroying or altering it - property that is fixed to the Earth, such as land or a house. In the United States it is also commercially and legally known as real estate and in Britain as property. It is known by other terms in other countries of the world or immovables, such as land and buildings.

Personal property may be classified in a variety of ways, such as goods In macroeconomics and accounting, a good is contrasted with a service. In this sense, a good is defined as a physical product, capable of being delivered to a purchaser and involves the transfer of ownership from seller to customer, say an apple, as opposed to an (intangible) service, say a haircut. A more general term that preserves the, money Money is any object that is generally accepted as payment for goods and services and repayment of debts in a given country or socio-economic context. The main functions of money are distinguished as: a medium of exchange; a unit of account; a store of value; and, occasionally, a standard of deferred payment, negotiable instruments A negotiable instrument is a specialized type of "contract" for the payment of money that is unconditional and capable of transfer by negotiation. As payment of money is promised later, the instrument itself can be used by the holder in due course frequently as money. Common examples include cheques, banknotes , and commercial paper. In, securities A security is a fungible, negotiable instrument representing financial value. Securities are broadly categorized into debt securities and equity securities, e.g., common stocks; and derivative contracts, such as forwards, futures, options and swaps. The company or other entity issuing the security is called the issuer. A country's regulatory, and intangible assets Intangible assets are defined as identifiable non-monetary assets that cannot be seen, touched or physically measured, which are created through time and/or effort and that are identifiable as a separate asset. There are two primary forms of intangibles - legal intangibles (such as trade secrets , copyrights, patents, trademarks, and goodwill) and including choses in action Chose , is a term used in common law tradition in different senses. Chose local is a thing annexed to a place, such as a mill. A chose transitory is something movable, that can be carried from place to place. However, "chose" in these senses is practically obsolete, and it is now used only in the phrases chose in action and chose in.

Land ownership

Main article: Real estate Real estate is a legal term that encompasses land along with improvements to the land, such as buildings, fences, wells and other site improvements that are fixed in location—immovable. Real estate law is the body of regulations and legal codes which pertain to such matters under a particular jurisdiction and include things such as commercial

Real estate or immovable property Immovable property is an immovable object, an item of property that cannot be moved without destroying or altering it - property that is fixed to the Earth, such as land or a house. In the United States it is also commercially and legally known as real estate and in Britain as property. It is known by other terms in other countries of the world is a legal Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and term (in some jurisdictions) that encompasses land along with anything permanently affixed to the land, such as buildings Buildings come in a wide amount of shapes and functions, and have been adapted throughout history for a wide number of factors, from building materials available, to weather conditions, to land prices, ground conditions, specific uses and aesthetic reasons. Real estate (immovable property) is often considered synonymous with real property, in contrast from personal property (also sometimes called chattel or personalty). However, for technical purposes, some people prefer to distinguish real estate, referring to the land and fixtures themselves, from real property, referring to ownership rights over real estate. The terms real estate and real property are used primarily in common law, while civil law jurisdictions refer instead to immovable property.

In law, the word real means relating to a thing (from Latin reālis, ultimately from rēs, ‘matter’ or ‘thing’), as distinguished from a person. Thus the law broadly distinguishes between real property (land and anything affixed to it) and personal property (everything else, e.g., clothing, furniture, money). The conceptual difference is between immovable property, which would transfer title along with the land, and movable property, which a person would retain title to. (Incidentally, the word real in real estate is not derived from the notion of land having historically been “royal” property. The word royal—and its Spanish cognate, real—come from the unrelated Latin word rēgālis ‘kingly,’ which is a derivative of rēx, meaning ‘king.’)[citation needed]

With the development of private property ownership, real estate has become a major area of business.

Corporations and legal entities

Main article: Private property

An individual or group of individuals can own corporations and other legal entities. A legal entity is a legal construct through which the law allows a group of natural persons to act as if it were an individual for certain purposes. Some companies and entities are owned privately by the individuals who registered them with the government while other companies are owned publicly.

Some duly incorporated entities may not be owned by individuals nor by other entities; they exist without being owned once they are created. Not being owned, they cannot be bought and sold. Mutual life insurance companies, credit unions, and cooperatives are examples of this. No person can purchase the company, as their ownership is not legally available for sale, neither as shares nor as a single whole.

A publicly listed company, known as a public company, is owned by any member of the public who wishes to purchase stock in that company rather than by a relatively few individuals. A company that is owned by stockholders who are members of the general public and trade shares publicly, often through a listing on a stock exchange. Ownership is open to anyone who has the money and inclination to buy shares in the company. Owners, however, are generally classified in three groups. Those with 5% Ownerships of the stock usually hold significant sway over the company. Mutual Funds and regular institutions can also own the stock; if they own enough, can are considered as part of the 5% ownership category. They usually are differentiated from privately held companies where the shares are held by a small group of individuals often members of one or a small group of families or otherwise related individuals (or other companies). For a discussion of the British and Irish variant of this type of company, see public limited company.

Intellectual property

Main article: Intellectual property

Intellectual (IP) property refers to a legal entitlement (government-granted limited monopoly) which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. This legal entitlement generally enables its holder to exercise exclusive rights of use in relation to the subject matter of the IP. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect, and that IP rights may be protected at law in the same way as any other form of property.

Intellectual property laws confer a bundle of exclusive rights in relation to the particular form or manner in which ideas or information are expressed or manifested, and not in relation to the ideas or concepts themselves (see idea-expression divide). It is therefore important to note that the term "intellectual property" denotes the specific legal rights which authors, inventors and other IP holders may hold and exercise, and not the intellectual work itself.

Intellectual property laws are designed to protect different forms of intangible subject matter, although in some cases there is a degree of overlap.

Patents, trademarks and designs fall into a particular subset of intellectual property known as industrial property.

Like other forms of property, intellectual property (or rather the exclusive rights which subsist in the IP) can be transferred (with or without consideration) or licensed to third parties. In some jurisdictions it may also be possible to use intellectual property as security for a loan.

The basic public policy rationale for the protection of intellectual property is that IP laws facilitate and encourage disclosure of innovation into the public domain for the common good, by granting authors and inventors exclusive rights to exploit their works and invention for a limited period.

However, various schools of thought are critical of the very concept of intellectual property, and some characterise IP as intellectual protectionism. There is ongoing debate as to whether IP laws truly operate to confer the stated public benefits, and whether the protection they are said to provide is appropriate in the context of innovation derived from such things as traditional knowledge and folklore, and patents for software and business methods. Manifestations of this controversy can be seen in the way different jurisdictions decide whether to grant intellectual property protection in relation to subject matter of this kind, and the North-South divide on issues of the role and scope of intellectual property laws.

Chattel slavery

Main article: Chattel slavery

The living human body is, in most modern societies, considered something which cannot be the property of anyone but the person whose body it is. This is in contradistinction to chattel slavery. Chattel slavery is a type of slavery defined as the absolute legal ownership of a person or persons, including the legal right to buy and sell them. The slaves do not have the freedom to live life as they choose, but as they are instructed by their owners, and their rights may be either severely limited or nonexistent. In most countries, chattel slaves were considered as movable property[citation needed].

Slavery is currently illegal in every country around the world, however, up until the 19th century slavery and ownership of people had existed in one form or another in nearly every society on earth[citation needed]. Notwithstanding the illegality according to codes of law, slavery still exists in various forms today.[1]

Social Views of Ownership

Modern Western Views

In modern Western popular culture some people (principally among the political left) believe that exclusive ownership of property underlies much social injustice, and facilitates tyranny and oppression on an individual and societal scale. Others (principally among the political right) consider the striving to achieve greater ownership of wealth as the driving factor behind human technological advancement and increasing standards of living. Right-libertarians not only believe that ownership is the driving factor behind human technological advancement and increasing standards of living, but is also necessary for liberty itself.

Ownership Society

Ownership society was a political slogan used by United States President George W. Bush to promote a series of policies aimed to increase the control of individual citizens over health care and social security payments and policies. Critics have claimed that slogan hid an agenda that sought to implement tax cuts and curtail the government's role in health care and retirement saving.

Vedantic View

The Brahiminist theology called Vedanta believes that the root of ownership is the feeling that one is separate from the rest of the universe[citation needed]. Given this understanding, one disconnects oneself from the universe, and then attempts to reconnect with objects through a relationship which is called ownership. Vedanta believes that the feeling of ownership is an illusion, which remains with oneself as long as one considers oneself as separate from the Universe. When one understands the fundamental reality that there is only one entity called the Universe, there is no need for ownership and one gets rid of this illusion.

Native American View

A modern myth is that some societies, notably Native American ones, appeared to exist without the concept of personal ownership. Members of a society would feel free to take any objects they had need of, and expect them to be taken by others.[citation needed] Recently, however, researchers have started to question just how collectivist Native American societies really were. Citing earlier studies done by anthropologists and historians "who were able to interview tribal members who had lived in pre-reservation Indian society," they argue that "most if not all North American indigenous peoples had a strong belief in individual property rights and ownership." [1] These researchers further assert that Native American collectivism is a myth originating from the first encounters with tribes who, because of their hunting-orientation "did not view land as an important asset", and indeed, did not have a private property system with regards to land. The collectivist myth was initially propagated by reporters and politicians who never had contact with Native Americans and then made into a reality by the collectivist property rights system forced on Indians by the 1934 Indian Reorganization Act.

See also

Look up ownership or own in Wiktionary, the free dictionary.

References

  1. ^ http://www.bbc.co.uk/worldservice/specials/1357_slavery_today/index.shtml

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How to setup a joined ownership of the house with my girlfriend proportional to the amounts contributed?
Q. I am a sole owner of the house now. I would to like to make it a joint ownership but not equal. In course of the ownership, we are planning to pay different but varying monthly amounts from our separate accounts. In the event my girlfriend and I split up I would like the ownership shares be calculated based only on amounts of the individual contributions. How do I go about that? Could I make that agreement such a way that it would remain valid even if we marry?
Asked by borchik - Tue Jun 24 15:49:45 2008 - - 4 Answers - 0 Comments

A. Listen to the advice these kind folks are giving you. Don't forget, you're the one who's been paying for the house so far. You've presumably done the initial down payment, qualifying for the mortgage, etc. Plus, the house has hopefully gone up in value since you first purchased it. Are you proposing now to base the "ownership" on what each of you pays from here on? For how many years? The problem is that, if you split up, how will you decide what you "owe" her? Will it be based upon current market price? Which could be higher or lower than today's price, don't forget. Or ONLY based on amounts paid for mortgage? What about property taxes and maintenance? What about utility bills? That's a LOT of stuff to think about. Like the others said,… [cont.]
Answered by Femme Flamme - Sat Jun 28 07:36:35 2008

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