ABSTRACT

The law of property under English Common Law has occupied a significant position within the legal system. Its antecedents can be traced back many centuries and much of what today is afforded protection under the constitution or similar constating instruments such as Bills of Rights can find their origins in the context of private property rights. It is not all that long ago that women were considered chattels at law and their basic human and civil rights were subjugated to that of their husband, the basis of which in English law was founded on a concept of ‘property’. Similarly, the right to hold elected or appointed public office was often based on the prerequisite of owning property, as was the right to vote and/or take part in matters of governance.