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Ownership
Ownership of an item is a right that allows the holder of the right to exclude all others from using the item, but entitles them to use it themselves.
It is an absolute right that applies to everyone, in contrast to relative rights, which only apply in relation to several parties. The right may be restricted by law. For example, one may own property or land, but one may not own persons or airspace. The acquisition of ownership of an item may also be restricted. For example, the acquisition of drugs, protected animals or, in some cases, land is usually prohibited or restricted.
Distinction from possession
In contrast to ownership, possession is the right to have control over an item and to use it. The possessor is the person who has control over an item. The possessor may also exclude others from using the item, usually including the owner. However, the owner may withdraw possession from the possessor. However, this is usually restricted, for example by contractually agreed notice periods.
Although the owner is usually also the possessor, if they rent or lease an item, they transfer possession to someone else without losing ownership of the item. For example, the tenant of a flat may then use the flat within the scope of the agreements in the tenancy agreement, and may even restrict the owner's access to the flat on the grounds of the right to privacy, but may not sell the flat, for example.
The emergence of property ownership
The right to property probably arose when humans first began using tools. All known peoples recognise the right to property, at least in relation to personal items such as clothing and tools. It can also be assumed that grave goods belonged to the deceased, unless they were made specifically for the burial.
In addition to personal ownership of property, there has also always been commons. These are mostly pastures, forests or lakes that have no owner or are owned by a community or a country and may be used freely by anyone, subject to certain restrictions. Such public goods still exist today all over the world. The international waters of the oceans can also be classified as commons.
In terms of historical development, it can be assumed that personal belongings were originally privately owned and that ownership of land only came about over time. Some areas remained common land. Other areas of land, lakes and rivers in a country became the property of the country or the king. In some cases, monasteries also became owners of large areas of land. Especially in feudalism, land was distributed to the population via fiefdoms, which then led to the serfdom of peasants.
Importance of property
Property rights are considered a prerequisite for the division of labour. The division of labour, in turn, is considered a prerequisite for economic growth. Because someone had the exclusive right to use objects or land, investing in these things was useful. Only when people were certain that they would be able to derive future benefits from something did they invest in the manufacture of a tool, the construction of a house or the clearing of land. If there was a high risk that one would invest in something but others would reap the benefits, the motivation to invest was low. This thesis presupposes that people primarily pursued selfish goals and rather few altruistic goals.
Expropriations
In many countries, land has been and continues to be expropriated, mostly in connection with the construction of roads or dams or simply for the purpose of acquiring land. To this end, the previous owners were deprived of their property rights or forced to transfer ownership. In most cases, expropriation was carried out by expelling the owners, or the owners had already fled, or the owners were compensated.
Expropriation through expulsion took place in particular against certain sections of the population; less common is the expulsion of the entire population of an area. Once the inhabitants had been expelled, the land and usually all other property belonging to the previous owner could be classified as ownerless, and the state or others could appropriate the land and other property.
Land was also often sold to the state. The sale then took place through legal regulation or, among other things, coercion. The sale was a transfer of ownership that complied with the law. Even in the case of forced sales and poor conditions for the seller, at least the appearance of compliance with the law was maintained. In most states, property rights were so important that even the state tried to avoid giving the impression that it had stolen the land.
If the owners had fled, for example because of a war, the land and all other possessions of the previous owner were also considered ownerless and were appropriated by the state or other persons.
