Concept Of Ownership And Different Modes Of Acquiring Ownership

Hitha, BBA.LLB, Alliance School of Law, Alliance University

Introduction

The term "ownership" invokes thoughts of property and possession, which are integral components of this fundamental legal concept. Historically, during the epoch of nomadic hunter-gatherer societies, the notion of ownership did not exist as humans had minimal knowledge of agriculture or civilization. However, the sensation of possession preceded the concept of ownership, emerging as humans started to settle down, build homes, and engage in farming activities.

At its core, ownership characterizes a person's unique relationship with an object they possess. Encompassing a myriad of rights, ownership transcends mere possession, allowing individuals to exercise control, authority, and freedom over their property. Crucially, these rights extend beyond specific individuals, holding universal applicability, often referred to as right in rem. Distinguishing ownership from possession lies in the permanency of the bond; while possession hinges on temporary control or custody, ownership endures unless explicitly altered by legal means.

Delving into the historical progression of ownership, it becomes evident that early societies functioned predominantly around the concept of possession, devoid of a robust understanding of ownership. It wasn't until communities transitioned toward permanent settlement patterns that the broader ramifications of ownership surfaced.

Agricultural practices fostered attachment to land, compelling societies to develop rules and mechanisms that could adequately protect and govern proprietary relationships.