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How Do Ownership and Possession Relate?

Ownership And Possession

Ownership and Possession go hand in hand when it comes to real property rights. Property ownership enables an owner to possess his land at anytime. The chief legal rights of property ownership are possession, use, and power of disposition. Real property rights are protected by statutory codes of the state you are in, as well as in the constitution. Property ownership automatically enables you to have possessory interests over your property, full control over the land.

Possession is occupation of the land that is completely visible, examples being cultivation, construction of improvements, enclosure, and the occupancy of existing improvements. Possession gives the property owner the right to exclude others from the land. When a person occupies another individuals land without permission, they are considered trespassers. The owner may not only evict the trespasser from the land, but also sue for lost damages and even build a case of emotional distress caused by the trespassers actions,

Property ownership gives owners the benefit of using his or her land for either profit, or enjoyment. Whether we are discussing the uses for profit or enjoyment, there will never be absolute freedom. Profit uses are regulated on a constant basis, some cities are not allowed to rent out houses or rooms to others, while certain cities let you do it without any hassle. Enjoyment is regulated only if you interfere with the privacy of others in any manner. For the benefit of your own, another individuals rights' cannot me violated.

Limitations on the use of land are primarily due to public demands of health, safety, and public welfare along with the safety and enjoyment of your neighbors. Majority of the time when these limitations are breached, the law tends to be lenient since the free use of land is supported within our country.

Property ownership gives you the authority to dispose of your land, this is referred to as the power of disposition. There are a few ways in which this power takes place... before death it can be transferred by means of a contract, deed, or lease; and after death it can be conveyed through inheritance, or by will.

Private property rights are subjected to the right of sovereignty exercised by federal, state, and local governments. The power to tax, regulate the use of private property in the interest of public safety, health, general welfare, and to take private property for public use when needed are all examples of regulations that private ownership is subjected to.

All in all, possession is a perk of real property rights, keeping in mind that privilege can be confiscated by authoritative figures if needed due to the endangering of another person or through a breach of regulations. We live a lavish lifestyle here in the U.S. but living here is also a privilege, if you are not "fit" to have private ownership to property, you would lose it, same goes for being a citizen here: if you do not seem to be fit here, you will be removed for the safety of the rest.

NEXT: Can Real Estate Be Included in an Inheritance?

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