ABSTRACT

Ownership has been described as ‘the entirety of the powers of use and disposal allowed by law’ (Pollock, F (Sir), First Book of Jurisprudence, 6th edn, 1929, Macmillan). With regard to land, the owner has an aggregate of rights; he or she may enjoy and use it, sell it or give it away; but an owner’s use of his or her land is subject to the rights of others as allowed by law, for example, in nuisance and tort. Today, a landowner’s rights are often restricted by legislation aimed at social control, such as planning legislation. Permission for any change in the use of the land has to be obtained from the local planning authorities. Moreover, government departments and local authorities may compulsorily acquire privately owned land and use it for public purposes, for example, as a site for a school or college. A person may own land notwithstanding the fact that another has an easement over it, such as a right of way.