Difference between revisions of "Private property"
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== Common misconceptions == | == Common misconceptions == | ||
| − | It is often assumed that all land is real estate. But estate refers to qualified ownership, and not absolute ownership. Land is one thing, an estate in land is another. Estate is an interest in property that is less than absolute title. Since absolute ownership is a right, not a privilege, no American government has the delegated power to tax private property. All constitutional delegations of taxing authority are limited to real and personal property ( | + | It is often assumed that all land is real estate. But estate refers to qualified ownership, and not absolute ownership. Land is one thing, an estate in land is another. Estate is an interest in property that is less than absolute title. Since absolute ownership is a right, not a privilege, no American government has the delegated power to tax private property. All constitutional delegations of taxing authority are limited to real and personal property (i.e., estate). |
== Citation == | == Citation == | ||
Revision as of 19:15, November 14, 2007
Private property is a legal term specifically referring to the private ownership of land, houses, chattels, and goods. It is characterized by a single owner with absolute dominion over the property. When two or more owners have a claim or if the ownership is temporary or limited, it is not private property.
Private property, in the United States of America, is constitutionally protected by state and federal constitution (see: Fifth Amendment)
Ownership
Ownership can be characterized as either absolute or qualified. Absolute ownership is synonymous with sovereignty or dominion. Only upon one's private property can one pursue happiness without consent of another. Everywhere else, one needs permission (license) from the other owner, landlord or custodian, else he commits a trespass.
Common misconceptions
It is often assumed that all land is real estate. But estate refers to qualified ownership, and not absolute ownership. Land is one thing, an estate in land is another. Estate is an interest in property that is less than absolute title. Since absolute ownership is a right, not a privilege, no American government has the delegated power to tax private property. All constitutional delegations of taxing authority are limited to real and personal property (i.e., estate).
Citation
PRIVATE PROPERTY - As protected from being taken for public uses, is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, and chattels.
- - - Black's Law dictionary, sixth ed., p.1217
OWNERSHIP - ... Ownership of property is either absolute or qualified. The ownership of property is absolute when a single person has the absolute dominion over it... The ownership is qualified when it is shared with one or more persons, when the time of enjoyment is deferred or limited, or when the use is restricted.
- - -Black's Law dictionary, sixth ed., p. 1106