Property: A Bundle Of Rights


 

Consider the following quotation from page 2 of the Cribbett, Johnson, Findly, Smith property law text book entitled Property Cases and Materials, Seventh Edition, Foundation Press, Inc. 1996:

 

“We can best illustrate the problems of property and ownership by a brief look at a familiar object of property - an automobile.

 

Mary is very fond of the sports car which was given to her by her father upon Mary’s graduation from college. Mary refers to the car as her “property” and asserts that she “owns” the car. What is the meaning of such statements? Do they mean that Mary is entitled to use the car without anyone’s permission? To allow others to use it? To sell it? To Mortgage it? To give it away? To dispose of it by will? To recover the car from a thief? To recover compensation from one who wrongfully injures the car? Speaking generally, affirmative answers would be given to each of these questions. It appears, then, that “ownership” consists of many disparate claims by Mary sanctioned by law against many persons – a “bundle of sticks,” as legal scholars sometimes have put it.

 

 Would Mary be regarded as “owner” of the car if one or more of the above claims were not sanctioned by law? Which ones? Would the law sanction some additional claims not included in the list above?”

 

With property and property law, we must examine rights as well as responsibilities.

  • We Can't Even Steal from a Thief!
  • The State CAN Take Your Land!
  • Call 267-687-8000

    Fax 215-392-3357


    Home
    As the Landlord
    Tenant's Rights
    Trusts & Estates
    Property
    Contracts
    Avoid Risk
    Seek Opportunity
    Internet Links
    Divorce / Family Law
    Other
    e-mail me