Concept Of Ownership, Unraveling the Connection with Possession

Ownership and possession are often used interchangeably, but they carry distinct concepts. Ownership, a fundamental principle in jurisprudence, grants individuals the right to control and utilize specific assets in a particular manner. The roots of ownership can be traced back to Roman and Hindu law, where it significantly differed from mere possession. In Roman law, the term "dominium” represented the absolute right to a thing, encompassing the full spectrum of control and authority over it. On the other hand, the word “possession” denoted mere physical control over the object without necessarily implying complete ownership or legal entitlement.
Over time, the concept of ownership evolved, encompassing not only physical control but also legal rights, privileges, and responsibilities associated with the property. In contrast, possession remained limited to the immediate physical holding or occupancy of the asset without implying a comprehensive legal entitlement.

Definition of ownership:

Various jurists and legal scholars have offered definitions of ownership throughout history. Let's explore some of these definitions:

Salmon’s definition-

According to Salmond ownership vests in the complex of rights which he exercises to exclusive of all others. For Salmond what constitutes ownership is a bundle of rights which in here resides in an individual. Salmond’s definition thus points out two attributes of ownership.

1. Ownership is a relation between a person and a right that is vested in him
2. Ownership is incorporeal body

Austin’s definition-

According to the view of Austin, there are three elements of ownership:

1. Indefinite user
2. Power of disposal
3. Unlimited duration

Holland’s definition-

He followed Austin’s view of ownership and according to him an owner has three kinds of powers namely; possession, enjoyment, and ownership all or some of which can be lost by lease or mortgage

Pollock’s definition-

According to him, ’Ownership may be described as the entirety of the powers of use and disposal allowed by law.’

Hibbert’s definition-

Ownership includes four kinds of rights within itself:

1. Right to use a thing
2. Right to exclude others from using the thing
3. Disposal of the thing
4. Right, to destroy it.

Kinds of ownership:

There are many kinds of ownership, and some of them are-

• Corporal and Incorporeal ownership:

Corporal ownership is the ownership of a tangible object which can be seen or perceived by senses example ownership of a house, a table, or a machine etc., whereas, incorporeal ownership is the ownership of an intangible object example ownership of a patent, copyright, or trademark etc.

• Legal and Equitable ownership:

Legal ownership are those ownerships which are based on common law, and equitable ownership is that which proceeds from the rules of equity. There is a distinction between the two.

• Vested and Contingent ownership:

When the ownership is based on the fulfillment of some conditions it is known as contingent interest i.e., the ownership is based upon the mere possibility of future events, whereas Ownership is said to be vested when the owner’s title is already perfect i.e., the property is owned absolutely.

• Absolute and Limited ownership:

When in a person all the rights of ownership are vested without any restriction it is absolute ownership, but when there are limitations on user, duration or disposal, the ownership is limited ownership.

• Sole and co-ownership:

When the ownership is vested in one person, it is known as the sole ownership, however when it is vested in more than one it is called co-ownership.

Acquisition of ownership:

Acquisition of ownership can be categorized mainly in two heads

1. Original
2. Derivative

Original mode is the result of some independent personal act of the acquirer. The mode of acquisition may be three kinds:

1. Absolute- When the object that is acquired has no previous owner
2. Extensive- when a person by some acts on his ownership of the previous owner and acquires its ownership himself
3. Accessory – when the ownership of a property is acquired by way of accession to some existing property

Derivative when the ownership is derived from a previous owner Like in the form of gift, inheritance etc.

Difference between Ownership and Possession :

Ownership and possession are two distinct legal concepts in jurisprudence. Ownership refers to the legal right to possess, use, and dispose of an object, while possession refers to the physical control or occupancy of an object. Some other differences between possession and ownership are as follows-

Conclusion:

From the above discussion, it can be concluded that understanding these differences is crucial in legal matters. Ownership and possession look similar or as synonyms in general language, but they are different in jurisprudence as Ownership grants legal rights and control over assets, while possession refers to physical control without full legal entitlement.

References:

Ownership, Essential of ownership and different kinds of ownership in English jurisprudence (lawandlegislation.blogspot.com)

Essential Characteristics of Ownership | Law column

https://legalvidhiya.com/ownership/

https://lawbhoomi.com/ownership-in-jurisprudence-meaning-kinds-incidents-and-relevance-in-contemporary-times/

https://allindialegalforum.com/2020/10/21/possession-and-ownership-and-person/

The Concept of Possession- its meaning, elements, kinds, and modes of acquisition (legalserviceindia.com)

Concept of possession and ownership - iPleaders