Ownership, Essential of ownership and different kinds of ownership in English jurisprudence

Introduction:

The concept of ownership is one of the fundamental juristic concept common to all systems of law. This concept has been discussed by most of the writers before that of possession. However, its is pointed out that it is not the right method. Historically speaking, the idea of possession came first in the minds of people and it was later on that the idea of ownership came into existence. The  idea of ownership followed the idea of possession. In the below we will discussed the actual definition and meaning of ownership, essential of ownership and various forms of ownership.

Definition and Meaning of Ownership:

The right of ownership is a conception clearly easy to understand but difficult to define with exactitude. There are two main theories with regard to the idea of ownership. The great exponents of the two views are Austin and Salmond. According to one view, ownership is a relation which subsists between a person and a thing which is subject of ownership. According to the second view, ownership is a relation between a person and a right that is vested in him.

According to Austin: "Ownership means a right which avail 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, unrestricted in point of disposition and unlimited in point of duration. It is a right in rem which is available against the whole world. Austin defined ownership into three main attributes.

• First attribute of ownership is that it is indefinite in point of user because the thing owned may be used by the owner in very many ways.
• Second attribute of ownership is a right of transfer or disposition without any restriction.
• Third attribute of ownership is the permanence of the right of ownership. This right exists so long as the thing exists. the right is extinguished with the destruction of the thing. Ownership is inherited by his successor.

According to Salmond: "Ownership, in its most comprehensive signification, denotes the relation between a person and right that is vested in him. That which a man owns is in all  cases a right. When, as is often the case, we speak of the ownership of a material object, this is merely a convenient figure of speech. To own a piece of land means in truth to own a particular kind of right in the land, namely the fee simple of it". Again, ownership in this generic sense, extends to all classes of of rights, whether proprietary or personal in rem or in personam, in re propria or in re aliena. 

Essentials of Ownership:

• The first essential of ownership is that it is indefinite in point of user. It is impossible to define or sum up exhaustively. the wide variety of ways in which the thing owned may be used by the person entitled to its ownership.
• Another essential of ownership is that it is unrestricted in point of disposition. The right of alienation is considered by Austin as a necessary incident of ownership. An owner can effectively dispose of his property by a conveyance during his lifetime or by will after his death.
• The owner has a right to possess the thing which he owns. It is immaterial whether he has actual possession of it or not.
• Another essential of ownership is that owner has the right to exhaust the thing while using it, if the nature of the thing owned is such.
• Ownership has a residuary character. An owner may part with several rights in respect of the thing owned by him.

Right of Ownership and Ownership of a Right

Corporeal ownership is the right to the entirety of the lawful uses of a corporeal thing. In this sense, the corporeal ownership or the right of ownership is not so much one right as a bundle of rights, liberties,  powers and immunities. Pollock writes: "Ownership may be described as the entirety of the powers of use and disposal allowed by law".

The ownership of right describes the jural relation between a person and a right. In this sense, it denotes that he is neither a possessor nor an encumbrancer, but the owner of the right. This right has to be distinguished from the right of ownership which is the complex pattern of the bundle of rights, liberties, powers and immunities. In the case of ownership of a right it only suggests that there is a particular legal relationship between a person and a right. The ownership of a right is also known as incorporeal ownership. 

Modes of Acquisition of Ownership

There are two modes of acquisition of ownership and those are original and derivative. There are three kinds of original modes of acquisition. Ownership is absolute when the same is acquired over previously owner-less objects. Ownership is extinctive if the ownership of a previous person is finished on account of adverse possession by the acquirer. It is accessory if the ownership is acquired as a result of accession. The physical control of the thing is essential in the case of occupation.

Original ownership may be acquired by long and continuous and undisputed possession of a thing as owner. The principles of adverse possession works in this connection. Original ownership can also be acquired by means of accession.

Kinds of Ownership

Corporeal and Incorporeal Ownership

Corporeal ownership is the ownership of a material object and incorporeal ownership is the ownership of a right. Ownership of a house , a table or a machine is corporeal ownership. Ownership of a copyright, a patent or a trade mark is incorporeal ownership. The distinction between corporeal and incorporeal ownership is connected with the distinction between corporeal and incorporeal things. Incorporeal ownership is described as ownership over intangible things.

Trust and Beneficial Ownership

Trust ownership is an instance of duplicate ownership. Trust property is that which is owned by two persons at the same time. The relation between the two owners is such that one of them is under an obligation to use his ownership for the benefit of the other. The ownership is called beneficial ownership. The ownership of a trustee is nominal and not real, but in the eye of law the trustee represents his beneficiary. In a trust, the relationship between the two owners is such that one of them is under an obligation to use his ownership for the benefit of the other. The former is called the trustee and his ownership is trust ownership. The latter is called the beneficiary and his ownership is called beneficial ownership. The ownership of a trustee is in fact nominal and not real although is the eye of law, he represents his beneficiary.

Legal and Equitable Ownership

Legal ownership is that which has its origin in the rules of common law and equitable ownership is that which proceeds from the rules of equity.In many cases, equity recognizes ownership where law does not recognize ownership owing to some legal defect.

Vested and Contingent Ownership

Ownership is either vested or contingent. It is vested ownership when the title of the owner is already perfect. it is contingent ownership when the title of the owner is yet imperfect but is capable of becoming perfect on the fulfillment of some condition. In case of contingent ownership, it is merely conditional. In the case of vested ownership, the investitive fact from which he derives the right is complete in all its parts. In the case of contingent ownership, it is incomplete on account of the  absence of some necessary elements which is nevertheless capable of being supplied in the future. In the meantime, his ownership is contingent and it will not become vested until the necessary condition is fulfilled.

Sole Ownership and Co-ownership

When the right of ownership is vested exclusively in one person, it is called sole ownership. Ordinarily, a right is owned by one person only at a time. However, duplicate ownership is as much possible as sole ownership. Two or more person may have the same right vested in them. That may be done in many ways and one of them is that of co-ownership. The right is an undivided unity. By means of a partition, the co-ownership of the partnership property. In case of co-owners, the title of one is rendered consistent with that of the others by the existence of the reciprocal obligations of restricted use and enjoyments.

Absolute and Limited Ownership

An absolute owner is one in whom are vested all the rights over a thing to the exclusion of all. This means that excepting the absolute owner, there is no other person who has any claim whatsoever to the thing in question. However, this does not means that he can use his property in any way he likes. Restrictions can be imposed both by law and also by voluntary agreements.

When there are limitations on the user, duration or disposal of rights of ownership, the ownership is limited ownership.

Conclusion

It is concluded that the term ownership is vast and its definition is varies by different jurists. However, Ownership may be described as the entirety of the powers of use and disposal allowed by law. There are various forms of ownership is exist in the law and we discussed it many of them.