Concept of Ownership

Identify the concept.

 In Roman Law, ownership was termed as
‘dominium’ which denotes absolute right to
a thing.
 Romans attached greater emphasis on
ownership than possession.
 In their view, absolute right more
important than mere physical control.
 In English law, the term was first used in
1583.
 Definition
 Black’s Law Dictionary:
“Collection of rights to use and enjoy
property, including right to transmit it to
others.”
 According to Hibbert, Ownership includes four
kinds of rights:
i. Right to use of a thing
ii. Right to exclude others from using the thing
iii. Disposing of the thing; and
iv. Right to destroy it.
 Definition
 Austin:
“right which avails against everyone who is
subject to the law conferring the right to put thing to
user of indefinite nature.”
or
“a right indefinite in point of user, unrestricted
in point of disposition and unlimited in point of
duration.”
 The main three attributes of ownership: indefinite
user, unrestricted disposition and unlimited
 Definition
 Salmond:
“the relation between a person and right that
is vested in him.”
 Ownership exhibits the following incidents:
 An owner has a right to possess the thing which

he owns;
 The right to use and enjoy the thing owned;

 Characteristic of being indeterminate in

duration;
 An owner has a residuary character.
Acquisition of Ownership
 By operation of law; and
 By reason of some act or event.

 Three generally known modes of

acquisition of ownership:
i. Absolute
ii. Extinctive

iii. Accessory
 Characteristics of Ownership
 Ownership may either be absolute or restricted, or
in other words exclusive or limited.
 the right of ownership can be restricted in case of
emergency.
 Owner not allowed to enjoy in a manner which is
injurious to others.
 Restrictions may impose on the disposition.
 The owner has the right to possess the thing.
 No ownership by unborn or insane person.
 The right doesn’t end with death of the owner.
 Kinds of Ownership
 Corporeal and Incorporeal ownership
 Sole ownership and Co-ownership
 Trust and Beneficial ownership
 Legal and Equitable ownership
 Vested and Contingent ownership
 Absolute and Limited ownership
Any question?
Thank you.