Rights and Limits to Property Ownership

The right to own property is one of the basic opportunities in our legal system.

In most cases, you can become the owner of property without government permission of any sort. And each of us can legally become the owner of almost anything.

But what does it mean to be an owner of property? And what limits are there on your rights? Ownership is a legal concept that is recognized in our state law. “The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others.”

There is a lot packed into this quote from the California Civil Code. An owner can exclude others from the possession or use of the property. More than that. The law legally protects the owner’s exclusive use of the property.

Ownership can be by “one or more persons.” Two people, for example partners or spouses, can own the same thing. So they both possess the property--under the law; they both have the equal right to the use of it.

Of course, it is easy to see that co-ownership can cause problems--from the obvious one of both parties wanting to use the property at the same time to the more complicated problem of one party wanting to sell or give it away while the other one wants to keep it. Problems such as these can be resolved by agreement in advance, by discussion, or if the parties cannot agree, by using lawyers and the courts to determine the relative rights of each party.

What can an owner of property do with it? Lots of things, but there are some limitations. The California Code says that “any person, whether citizen or alien, may take, hold and dispose of property, real or personal within this State.”

What is personal property?--it’s stuff that is not real, that is, not real estate. An automobile, a calculator, or a doll are all personal property. What can you do with it?

An owner can sell, give it away, mark it up or damage it, lend it to another, lease or rent it to someone else, use it as security to borrow money, insure it, or even sell or share a portion of it.

Of course, there are things you may not lawfully do with your property even if you own it. A car is a good example.

You are not permitted to drive a car on the wrong side of the road or use it for the purpose of injuring another person. You may do it, but you will be punished by the civil and criminal courts if you do.

Ownership of an automobile is somewhat unusual in another sense--you are required to register your ownership with a state agency, the department of motor vehicles. You can also own real property. That term is used in the law to refer primarily to land and buildings. You can do many things with your land and buildings, but there are limits. Even though you own a parcel of land, you might not be lawfully permitted to build a high fence around it or to build a structure anywhere you like on it or as high as you desire. There are all sorts of state and local laws and regulations that limit your right to exploit your real property.

Coastal zone regulations may require you to leave a certain amount of your beach front property open to the public, public easements for utility lines may be required, or zoning-height limits may prevent you from building a five-story building. There are also complicated legal issues that surface in transactions involving the sale or lease of real property.

You can’t buy the Brooklyn Bridge from someone who doesn’t own it, even if both you and the seller firmly believe that he owns it. That’s why buyers and sellers of property record deeds and other documents that reflect such transactions, so that there is a paper record of who owns what and when the ownership began, or changed.

Under our legal system, you can own just about anything. But there are limits on what you can do with it. Remember the freedom to own is virtually without legal restriction and you do not ordinarily need the approval of any government agency to become an owner.

In the last two months, Legal View has published various legal checklists. If you missed any or all of them, and would like a reprint of the columns, send $2 to cover postage and handling to: Jeff Klein, The Times, 9211 Oakdale Ave., Chatsworth, Calif. 91311.

Klein is an attorney and president of The Times Valley and Ventura County editions. Brown is professor of law emeritus at USC and chairman of the board of the National Center for Preventive Law. They cannot answer mail personally but will respond in this column to questions of general interest about law. Do not telephone. Write to Jeffrey S. Klein, The Times, 9211 Oakdale Ave. , Chatsworth, Calif. 91311.