Thomas Hobbes (1600s)(property)

Thomas Hobbes (1600s)

The principal writings of Thomas Hobbes appeared between 1640 and 1651—during and immediately following the war between forces loyal to King Charles I and those loyal to Parliament. In his own words, Hobbes' reflection began with the idea of "giving to every man his own," a phrase he drew from the writings of Cicero. But he wondered: How can anybody call anything his own? In that unsettled time and place it perhaps was natural that he would conclude: My own can only truly be mine if there is one unambiguously strongest power in the realm, and that power treats it as mine, protecting its status as such.

Property in philosophy

In medieval and Renaissance Europe the term "property" essentially referred to land. Much rethinking was necessary in order for land to come to be regarded as only a special case of the property genus. This rethinking was inspired by at least three broad features of early modern Europe: the surge of commerce, the breakdown of efforts to prohibit interest (then called "usury"), and the development of centralized national monarchies.

Ancient philosophy

Urukagina, the king of the Sumerian city-state Lagash, established the first laws that forbade compelling the sale of property. The Cyrus cylinder of Cyrus the Great, founder of the Achaemenid Persian Empire, documents the protection of property rights.

The Ten Commandments shown in Exodus 20:2-17 and Deuteronomy 5:6-21 stated that the Israelites were not to steal. These texts, written in approximately 1300 B.C., were a blanket early protection of private property.

Aristotle, in Politics, advocates "private property." In one of the first known expositions of tragedy of the commons he says, "that which is common to the greatest number has the least care bestowed upon it. Every one thinks chiefly of his own, hardly at all of the common interest; and only when he is himself concerned as an individual." In addition he says that when property is common, there are natural problems that arise due to differences in labor: "If they do not share equally enjoyments and toils, those who labor much and get little will necessarily complain of those who labor little and receive or consume much. But indeed there is always a difficulty in men living together and having all human relations in common, but especially in their having common property."

Theories of property

There exist many theories. Perhaps one of the most popular was the natural rights definition of property rights as advanced by John Locke. Locke advanced the theory that when one mixes one’s labor with nature, one gains ownership of that part of nature with which the labor is mixed, subject to the limitation that there should be "enough, and as good, left in common for others".

From the RERUM NOVARUM, Pope Leo XIII wrote "It is surely undeniable that, when a man engages in remunerative labor, the impelling reason and motive of his work is to obtain property, and thereafter to hold it as his very own."

Anthropology studies the diverse systems of ownership, rights of use and transfer, and possession under the term "theories of property". Western legal theory is based, as mentioned, on the owner of property being a legal individual. However, not all property systems are founded on this basis.

In every culture studied ownership and possession are the subject of custom and regulation, and "law" where the term can meaningfully be applied. Many tribal cultures balance individual ownership with the laws of collective groups: tribes, families, associations and nations. For example the 1839 Cherokee Constitution frames the issue in these terms:

Sec. 2. The lands of the Cherokee Nation shall remain common property; but the improvements made thereon, and in the possession of the citizens respectively who made, or may rightfully be in possession of them: Provided, that the citizens of the Nation possessing exclusive and indefeasible right to their improvements, as expressed in this article, shall possess no right or power to dispose of their improvements, in any manner whatever, to the United States, individual States, or to individual citizens thereof; and that, whenever any citizen shall remove with his effects out of the limits of this Nation, and become a citizen of any other government, all his rights and privileges as a citizen of this Nation shall cease: Provided, nevertheless, That the National Council shall have power to re-admit, by law, to all the rights of citizenship, any such person or persons who may, at any time, desire to return to the Nation, on memorializing the National Council for such readmission.

Communal property systems describe ownership as belonging to the entire social and political unit, while corporate systems describe ownership as being attached to an identifiable group with an identifiable responsible individual. The Roman property law was based on such a corporate system.

Different societies may have different theories of property for differing types of ownership. Pauline Peters argued that property systems are not isolable from the social fabric, and notions of property may not be stated as such, but instead may be framed in negative terms: for example the taboo system among Polynesian peoples.

General characteristics

Modern property rights conceive of ownership and possession as belonging to legal individuals, even if the legal individual is not a real person. Corporations, for example, have legal rights similar to American citizens, including many of their constitutional rights. Therefore, the corporation is a juristic person or artificial legal entity, which some refer to as "corporate personhood".

Property rights are protected in the current laws of states usually found in the form of a Constitution or a Bill of Rights. The fifth and the fourteenth amendments to the United States constitution, for example, provide explicitly for the protection of private property:

The Fifth Amendment states:

Nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Fourteenth Amendment states:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.

Protection is also found in the United Nations's Universal Declaration of Human Rights, Article 17, and in the French Declaration of the Rights of Man and of the Citizen, Article XVII, and in the European Convention on Human Rights (ECHR), Protocol 1.

Property is usually thought of in terms of a bundle of rights as defined and protected by the local sovereignty. Ownership, however, does not necessarily equate with sovereignty. If ownership gave supreme authority it would be sovereignty, not ownership. These are two different concepts.

Traditional principles of property rights includes:

1. control of the use of the property
2. the right to any benefit from the property (examples: mining rights and rent)
3. a right to transfer or sell the property
4. a right to exclude others from the property.

Traditional property rights do not include:

1. uses that unreasonably interfere with the property rights of another private party (the right of quiet enjoyment). [See Nuisance]
2. uses that unreasonably interfere with public property rights, including uses that interfere with public health, safety, peace or convenience. [See Public Nuisance, Police Power]

Legal systems have evolved to cover the transactions and disputes which arise over the possession, use, transfer and disposal of property, most particularly involving contracts. Positive law defines such rights, and a judiciary is used to adjudicate and to enforce.

In his classic text, "The Common Law", Oliver Wendell Holmes describes property as having two fundamental aspects. The first is possession, which can be defined as control over a resource based on the practical inability of another to contradict the ends of the possessor. The second is title, which is the expectation that others will recognize rights to control resource, even when it is not in possession. He elaborates the differences between these two concepts, and proposes a history of how they came to be attached to individuals, as opposed to families or entities such as the church.

According to Adam Smith, the expectation of profit from "improving one's stock of capital" rests on private property rights. It is a belief central to capitalism that property rights encourage the property holders to develop the property, generate wealth, and efficiently allocate resources based on the operation of the market. From this evolved the modern conception of property as a right which is enforced by positive law, in the expectation that this would produce more wealth and better standards of living.

• Classical liberals, Objectivists, and related traditions

"Just as man can't exist without his body, so no rights can exist without the right to translate one's rights into reality, to think, to work and keep the results, which means: the right of property." (Ayn Rand, Atlas Shrugged)

Most thinkers from these traditions subscribe to the labor theory of property. They hold that you own your own life, and it follows that you must own the products of that life, and that those products can be traded in free exchange with others.

"Every man has a property in his own person. This nobody has a right to, but himself." (John Locke, Second Treatise on Civil Government)

"Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place." (Frédéric Bastiat, The Law)

"The reason why men enter into society is the preservation of their property." (John Locke, Second Treatise on Civil Government)

• Socialism's fundamental principles are centered on a critique of this concept, stating, among other things, that the cost of defending property is higher than the returns from private property ownership, and that even when property rights encourage the property-holder to develop his property, generate wealth, etc., he will only do so for his own benefit, which may not coincide with the benefit of other people or society at large.

• Libertarian socialism generally accepts property rights, but with a short abandonment time period. In other words, a person must make (more or less) continuous use of the item or else he loses ownership rights. This is usually referred to as "possession property" or "usufruct." Thus, in this usufruct system, absentee ownership is illegitimate, and workers own the machines they work with.

• Communism argues that only collective ownership of the means of production through a polity (though not necessarily a state) will assure the minimization of unequal or unjust outcomes and the maximization of benefits, and that therefore private property (which in communist theory is limited to capital) should be abolished.

Both communism and some kinds of socialism have also upheld the notion that private property is inherently illegitimate. This argument is centered mainly on the idea that the creation of private property will always benefit one class over another, giving way to domination through the use of this private property. Communists are naturally not opposed to personal property which is "Hard-won, self-acquired, self-earned" (Communist Manifesto), by members of the proletariat.

Not every person, or entity, with an interest in a given piece of property may be able to exercise all of the rights mentioned a few paragraphs above. For example, as a lessee of a particular piece of property, you may not sell the property, because the tenant is only in possession, and does not have title to transfer. Similarly, while you are a lessee, the owner cannot use his or her right to exclude to keep you from the property. (Or, if he or she does, you may perhaps be entitled to stop paying rent or perhaps sue to regain access.)

Further, property may be held in a number of forms, e.g. joint ownership, community property, sole ownership, lease, etc. These different types of ownership may complicate an owner's ability to exercise his or her rights unilaterally. For example if two people own a single piece of land as joint tenants, then depending on the law in the jurisdiction, each may have limited recourse for the actions of the other. For example, one of the owners might sell his or her interest in the property to a stranger that the other owner does not particularly like.

Property

Property means Right of Action for things that can be exchanged. Important types of property include real property (land), personal property (other physical possessions), and intellectual property (rights over artistic creations, inventions, etc.). A right of ownership is associated with property that establishes the relation between the goods/services and other individuals or groups, assuring the owner the right to dispense with the property in a manner he or she sees fit. Some philosophers assert that property rights arise from social convention. Others find origins for them in morality or natural law (e.g. Saint Irenaeus).

Use of the term

Various scholarly communities (e.g., law, economics, anthropology, sociology) may treat the concept more systematically, but definitions vary within and between fields. Scholars in the social sciences frequently conceive of property as a bundle of rights. They stress that property is not a relationship between people and things, but a relationship between people with regard to things.

Public property is any property that is controlled by a state or by a whole community. Private property is any property that is not public property. Private property may be under the control of a single individual or by a group of individuals collectively. Some philosophers like Karl Marx use it to describe a social relationship between those who sell their labor power and those who buy it.

Types of Real Estate

• Residential Property: In real estate brokerage terminology, owner-occupied housing; in income taxation terminology, rental units used for dwelling purposes, not of a transient (hotel, motel) nature. To qualify as residential, at least 80% of a building's income should be derived from dwelling units.
• Condominium: A form of property ownership in multi-unit structures; can be residential, industrial or commercial. Each unit is owned individually and all common areas (sidewalks, hallways, stairs, pools, etc.) are owned in undivided interest ownership with all unit owners having an equal share.
• Commercial Property: Property designed for use by retail, wholesale, office, hotel/motel, or service users.
• Industrial Property: Property used for industrial purposes, such as factories, industrial yards, or developmental parks.
• Vacant Land: Land not currently being used; may have utilities and off-site improvements. Contrast with raw land.
• Mobile Home: A dwelling unit manufactured in a factory and designed to be transported to a site and semi-permanently attached.
• Time-Share: A form of property ownership under which a property is held by a number of people, each with the right of possession for a specified time interval. Time-sharing is most commonly applied to resort and vacation properties.

Property Records Information

Real Estate Property Records (also called property ownership records) is public information in the United States of America, which means anyone can access it. Real property records are generally filed with and kept on a county level; they originate from two major governmental sources: County Recorder's or Courthouse and Property (Tax) Assessor's offices.

Only a few years ago, acquiring property information or running a title search intended going to the local recorder's office, waiting for hours and often filling out forms and paying a fee for each copy of a property record. Advancements in high-speed online communications and secure e-commerce have made it possible to employ electronic property searches and deliver millions of real property records via the Internet. Normally, to research and retrieve property information online now takes only a few seconds.

In addition to property reports and custom property research, HomeInfoMax also offers free links to street maps and satellite images, county officials and demographic information, and several options for storing, saving, downloading and printing property reports and marketing leads. Our traditional searches are limited to County and State, and can be confined to City and State or to a ZIP Code. We also offer statewide search option with current property owner name. Property records' databases consist of many millions of records and grow regularly – it is not practical to offer an all-inclusive nationwide property search without any geographical restrictions.

With flexible search options there is often no need to have the exact property address in order to run a fruitful research. A search using property owner last name or a business name is one of the options available to our subscribers; this type of property search request can be expanded to find matches within the entire state. Searching with a formatted Assessor's Parcel Number is another option – there is no extra cost to search for properties with either method. To assist our subscribers with research, we allow “wild card” options in several search fields, and the quality and consistency of property reports is never compromised. We have also incorporated free State/County/City/ZIP Search tools that are designed to lookup Counties and Cities throughout the United States and find the latest data on county demographics and other useful information.

Having access to this much diverse real estate data presents many technological challenges and many unique opportunities. We have reliable means enabling us to monitor and capture latest changes in real property records. Regrettably, some counties still are not modernized enough to offer up-to-the-minute updates in a timely fashion, yet we do monitor all available sources at all times and promptly incorporate most recent real estate transactions and title transfers into our search system. Our State/County Coverage area of property records is one of the largest in the nation and includes virtually all types of Real Estate properties, such as residential, commercial, industrial, agricultural, vacant lands, time-shares, and others. We offer property information throughout all 50 states and cover over 98.8% of real property owners in the United States – that makes us the largest provider of real estate records and documents in the country.

In addition to searching for property profiles, we enable our users to obtain Property Title History, Voluntary Liens and Property Legal & Vesting reports. Real estate reports may consist of many elements; we also have digital copies of actual recorded documents as Document Images and Parcel Maps reflecting the legal boundaries and dimensions of each parcel. Our Basic or Detailed Property Reports do not contain title history, lien records or Legal & Vesting descriptions. The property Title History report (also called Transaction History Report) is moderately different and principally deals with chronological events of financial transactions (mortgages) and ownership (title) transfers on a property. The property Voluntary Liens report (also called Debt Report) is a more comprehensive report made up of chosen liens with chronological events of financial and ownership transactions on a property, such as the status of secured financial interests, releases, assignments and foreclosures. The Legal & Vesting report in essence consists of 2 distinct factors – the Legal part deals with property legal description, and the Vesting part deals with property ownership and status and manner in which title of ownership is held (title vesting). Our instant Legal & Vesting report also includes the property last tax data.

One of the essential advantages in using the latest technology is our ability to manipulate, categorize and organize property information in ways that are highly optimized, and therefore become exceptionally beneficial to our users. For example, property search using a street address range will produce owner names, addresses and parcel numbers of all properties within that range. The similar logic can be applied to a property search by an owner or a business name, and this sort of search will generate all properties owned by a specified individual or a business within your selected area. Our subscribers get Homeowners Lists program at no additional cost. This program contains not only homeowners’ lists, but also all other types of real property owners as well.

We also have an ability to highly customize and personalize property searches and generate concise Single-Line Property Reports. Our Property Research & Lead Generation program is one of the most modernized tools used by professionals who look for ways to custom-tailor and fine-tune their marketing needs. Customized features are also applied to a research of property records using diversified search criteria and various smart filtering options. This is a vastly comprehensive search method that contains over 160 Search Criteria and several practical sorting choices. Custom property research and targeted leads generation would not have been possible without sophisticated and highly synchronized search algorithms. Subscribers are given an option to research and find the number of matches before agreeing to make their final purchase. Just like traditional property records search, this program also includes all types of real estate properties and is available throughout all 50 states.

Economic aspects of real property

Land use, land valuation, and the determination of the incomes of landowners, are among the oldest questions in economic theory. Land is an essential input (factor of production) for agriculture, and agriculture is by far the most important economic activity in preindustrial societies. With the advent of industrialization, important new uses for land emerge, as sites for factories, warehouses, offices, and urban agglomerations. Also, the value of real property taking the form of man-made structures and machinery increases relative to the value of land alone. The concept of real property eventually comes to encompass effectively all forms of tangible fixed capital. with the rise of extractive industries, real property comes to encompass natural capital. With the rise of tourism and leisure, real property comes to include scenic and other amenity values.

Starting in the 1960s, as part of the emerging field of law and economics, economists and legal scholars began to study the property rights enjoyed by tenants under the various estates, and the economic benefits and costs of the various estates. This resulted in a much improved understanding of the:

• Property rights enjoyed by tenants under the various estates. These include the right to:
  • Decide how a piece of real property is used;
  • Exclude others from enjoying the property;
  • Transfer (alienate) some or all of these rights to others on mutually agreeable terms;
• Nature and consequences of transaction costs when changing and transferring estates.

For an introduction to the economic analysis of property law, see Shavell (2004), and Cooter and Ulen (2003). For a collection of related scholarly articles, see Epstein (2007). Ellickson (1993) broadens the economic analysis of real property with a variety of facts drawn from history and ethnography.

Estates & ownership interests defined

The law recognizes different sorts of interests, called estates, in real property. The type of estate is generally determined by the language of the deed, lease, or bill of sale through which the estate was acquired. Estates are distinguished by the varying property rights that vest in each, and that determine the duration and transferability of the various estates. A party enjoying an estate is called a "tenant."

Some important types of estates in land include:

• Fee simple: An estate of indefinite duration, that can be freely transferred. The most common and perhaps most absolute type of estate, under which the tenant enjoys the greatest discretion over the disposition of the property.
• Conditional Fee simple: An estate lasting forever as long as one or more conditions stipulated by the deed's grantor does not occur. If such a condition does occur, the property reverts to the grantor, or a remainder interest is passed on to a third party.
• Fee tail: An estate which, upon the death of the tenant, is transferred to his heirs.
• Life estate: An estate lasting for the natural life of the grantee, called a "life tenant." If a life estate can be sold, a sale does not change its duration, which is limited by the natural life of the original grantee.
• Leasehold: An estate of limited duration, as set out in a contract, called a lease, between the party granted the leasehold, called the lessee, and another party, called the lessor, having a longer lived estate in the property. For example, an apartment-dweller with a one year lease has a leasehold estate in her apartment. Lessees typically agree to pay a stated rent to the lessor.

A tenant enjoying an undivided estate in some property after the termination of some estate of limited duration, is said to have a "future interest." Two important types of future interests are:

• Reversion: A reversion arises when a tenant grants an estate of lesser maximum duration than his own. Ownership of the land returns to the original tenant when the grantee's estate expires. The original tenant's future interest is a reversion.
• Remainder: A remainder arises when a tenant with a fee simple grants someone a life estate or conditional fee simple, and specifies a third party to whom the land goes when the life estate ends or the condition occurs. The third party is said to have a remainder. The third party may have a legal right to limit the life tenant's use of the land.

Estates may be held jointly as joint tenants with rights of survivorship or as tenants in common. The difference in these two types of joint ownership of an estate in land is basically the inheritability of the estate. In joint tenancy (sometimes called tenancy of the entirety when the tenants are married to each other) the surviving tenant (or tenants) become the sole owner (or owners) of the estate. Nothing passes to the heirs of the deceased tenant. In some jurisdictions the magic words "with right of survivorship" must be used or the tenancy will assumed to be tenants in common. Tenants in common will have a heritable portion of the estate in proportion to their ownership interest which is presumed to be equal amongst tenants unless otherwise stated in the transfer deed.

Real property may be owned jointly with several tenants, through devices such as the condominium, housing cooperative, and building cooperative.

Real Estate Economics

Real estate economics is the application of economic techniques to real estate markets. It tries to describe, explain, and predict patterns of prices, supply, and demand. The closely related fields of housing economics is narrower in scope, concentrating on residential real estate markets as does the research of real estate trends focus on the business and structural changes impacting the industry. Both draw on partial equilibrium analysis (supply and demand), urban economics, spatial economics, extensive research, surveys and finance.