Monday, February 7, 2011

Property in Blackstone's Commentary

The following defintion of Property is typically attributed to Blackstone's Commentary:

1. In the first instance, property is the thing in itself.

2. In the second instance, property is a bundle of rights, analagous to a bundle of sticks,
which the property owner holds. These rights include:
a. the right to possession
b. the right to exclude others from your property
c. the right to the reasonable use of your property which
does not constitute a nuisance.
d. the right to sell, gift, or give by will, your property to another
e. the right to have your heirs inherit your property upon your death, if there
is no will which devises that property to another

3. In the third instance, property includes the duty to use your property reasonbly and not
to create a nuisance which harms another with your property by using your property
unreasonably.

(C) Perpetual Copyright 2011 by Anthony J. Fejfar and Neothomism, P.C.

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