Physical property

“ The very distinction made in legal terminology between real and personal property is but the survival of a primitive distinction between what was originally looked upon as common property and what from its nature was always considered the peculiar property of the individual. ”

“ Though this may be the consequence the rest of the will is not thereby impaired. The property given is either real or personal. Real property consists of land extending indefinitely upward and downward, every building thereon, every growing thing, likewise all minerals and in some cases even ice. ”

“ But the modes of connection of certain minor forms of property with human labour render it desirable to arrange them under more than these two heads. Property may therefore be conveniently considered as of five kinds. ”

“ But of these different kinds of property some are INNATE, as memory, imagination, strength, and beauty; while others are ACQUIRED, as land, water, and forests. In the state of Nature or isolation, the strongest and most skilful (that is, those best provided with innate property) stand the best chance of obtaining acquired property. ”

“ They create property in all its completeness. You mean that they create a productive capacity which formerly did not exist; but this capacity cannot be created without material to support it. The substance of the soil remains the same; only its qualities and modifications are changed. Man has created every thing—every thing save the material itself. Now, I maintain that this material he can only possess and use, on condition of permanent labor,—granting, for the time being, his right of property in things which he has produced. ”

“ The distinction thus drawn between the right of property in the surface, and that in the minerals beneath, is founded on the essential difference in the qualities of the various substances of which the earth is composed. ”

“ For the study of history is like the study of the human organism; just as the latter has its system, its organs, and its functions, which can be treated separately, so the former has its ensemble, its instruments, and its causes. Of course I do not pretend that the principle of property is a complete résumé of all the social forces ”

“ How different will be our conduct, if we give the entire disposal of our property to a body as yet almost unknown in theory, in practice quite heterogeneous in its composition, and whose maxims are yet entirely unknown! ”

“ Moreover, property, which has been well compared to snow,—"if it fall level to-day, it will be blown into drifts to-morrow,"—is the surface action of internal machinery, like the index on the face of a clock. Whilst now it is the gymnastics of the understanding, it is hiving in the foresight of the spirit, experience in profounder laws. ”

“ Whence property came to be called the perfect right, the right of domain, the eminent right, the heroic or quiritaire right,—in Latin, jus perfectum, jus optimum, jus quiritarium, jus dominii,—while possession became assimilated to farm-rent. ”

“ If property is a natural, absolute, imprescriptible, and inalienable right, why, in all ages, has there been so much speculation as to its origin?—for this is one of its distinguishing characteristics. ”

“ Should there be the slightest irregularity in the method of transfer, men, members of society, imprescriptible possessors of the land, might be deprived at one blow of property, possession, and the means of production. ”

“ One of the foremost precepts of the natural law is man’s right to the possession and the use of his property. And a man’s earnings are his property as much as his land and the house in which he lives. Indeed, in the industrial age, earnings are probably the most prevalent form of property. ”

“ For we must not be deceived; in the phalanstery every thing will be as it is to-day, an object of property,—machines, inventions, thought, books, the products of art, of agriculture, and of industry; animals, houses, fences, vineyards, pastures, forests, fields,—every thing, in short, except the uncultivated land. Now, would you like to know what uncultivated land is worth, according to the advocates of property? ”

“ It not being my intention to enter at present into a discussion of principles, I shall content myself with estimating, from the point of view of this simple and intelligible absolute, the theories of property which our generation has produced. ”

“ Definition.—Such articles as knives, spears, dishes, baskets, pots, houses, camote fields, fruit-bearing trees, blankets, animals and articles of minor value, are on the same legal basis as personal property among ourselves. ”

“ Real property of individual The individual owns dwelling houses, granaries, camote lands about the dwellings and in the mountains, millet and maize lands, in the mountains, irrigated rice lands, and mountain lands with forests. In fact, the individual may own all forms of real property known to the people. ”

“ The term “property” or “properties” shall include all buildings, lands, funds, moneys, goods, effects, assets, or claims to property, or rights of action, of what kind soever, whether in possession, or expectancy, nothing excepted ”

“ In a strict legal sense, land is not 'property', but the subject of property. The term 'property', although in common parlance frequently applied to a tract of land or a chattel, in its legal signification 'means only the rights of the owner in relation to it'. 'It denotes a right over a determinate thing'. 'Property is the right of any person to possess, use, enjoy, and dispose of a thing'. ”

“ SECOND PROPOSITION. Property is Impossible, because, wherever it exists, Production costs more than it is worth. THIRD PROPOSITION. Property is Impossible, because, with a given Capital, Production is proportional to Labor, not to Property. FOURTH PROPOSITION. Property is Impossible, because it is Homicide. FIFTH PROPOSITION. Property is Impossible, because, if it exists, Society devours itself. ”

“ Deeds, mortgages, bank balances, money in hand, corporation stocks and the like, belong in no Economic category at all below the surface of customary titles to property. They are nothing but evidences of legal title to property of any kind—Natural Resources, Artificial Objects, Man himself when and where ownership of Man by Man is conventional. ”

“ To say that property is the daughter of labor, and then to give labor material on which to exercise itself, is, if I am not mistaken, to reason in a circle. Contradictions will result from it.
“A piece of land of a certain size produces food enough to supply a man for one day. If the possessor, through his labor, discovers some method of making it produce enough for two days, he doubles its value. This new value is his work, his creation: it is taken from nobody; it is his property.” ”

“ Finally, in the last chapter, calling psychology to our aid, and probing man’s nature to the bottom, we shall disclose the principle of justice—its formula and character; we shall state with precision the organic law of society; we shall explain the origin of property, the causes of its establishment, its long life, and its approaching death ”

“ For property which can be regarded as a condition of the performance of function, like the tools of the craftsman, or the holding of the peasant, or the personal possessions which contribute to a life of health and efficiency, forms an insignificant proportion, as far as its value is concerned, of the property rights existing at present. ”

“ The same is the case with property in buildings, clothes, wares; with property in the land; with property in money. Every imaginary property calls forth in me a non-corresponding want which cannot always be gratified, and deprives me of the possibility of acquiring for my true and sure property—my own body—that information, that skill, those habits, improvements, which I might have acquired. ”

“ Property, therefore, appeared here, along with the other economic categories, with its reason for being and its reason for not being, that is, as a double-faced element of the economic and social system. ”

“ NEARLY all the modern writers on jurisprudence, taking their cue from the economists, have abandoned the theory of first occupancy as a too dangerous one, and have adopted that which regards property as born of labor. ”

“ That any such change in their character should be produced by the allotment system, appears to me a thing not to be expected. The possession of land, we are sometimes told, renders the labourer provident. Property in land does so ”

“ The common reasons for the establishment of private property in land are deduced from the necessity, of offering to individuals sufficient motives for cultivating the ground, and of preventing the wasteful destruction of the immature products of the earth. ”

“ The essential principle of property being to assure to all persons what they have produced by their labor, and accumulated by their abstinence, this principle can not apply to that which is not the produce of labor, the raw material of the earth. ”

“ Objection.—But if the blacksmith, the wheelwright, all manufacturers in short, have a right to the products in return for the implements which they furnish; and if land is an implement of production,—why does not this implement entitle its proprietor, be his claim real or imaginary, to a portion of the products ”

“ By this principle, the man who takes possession of a field, and says, “This field is mine,” will not be unjust so long as every one else has an equal right of possession; nor will he be unjust, if, wishing to change his location, he exchanges this field for an equivalent. ”

“ The transference of all sorts of property from the dead to the living, and that of immoveable property of land and houses from the living to the living, are transactions which are in their nature either public and notorious, or such as cannot be long concealed. ”

“ Position of property is as much a constituent of its value as its composition. A market for its products is as necessary as its products. There must be demand for the products and means of their supply, and both, I repeat, are attributes of property. ”

“ Property in land may be called property in natural resources—property in things that man did not make.
Then there is property in things that man has made. Property in food, property in clothing, property in houses, and property in the mills and machinery with which food, clothing, houses and all other manufactured articles are made.
Now, why should anyone wish a property right in anything? Why should anyone wish to say of anything on earth: “This is mine. ”

“ The kind and frequency of the acts of occupancy necessary to constitute a continuous possession depend somewhat on the condition of the property, and the uses to which it is adapted in reference to the circumstances and situation of the possessor, and partly on his intention. ”

“ PERSONAL PROPERTY AND REAL PROPERTY DISTINGUISHED.—Real property has been defined to be co-extensive with lands, tenements, and hereditaments; to put it more simply, we may say that it consists of land and anything that is permanently affixed to the land. Personal property embraces all objects which are capable of ownership except land. One fundamental difference between the two is that real property is generally considered to be immovable, while such property as is movable is usually termed personal property. ”

“ Chapter XIX Property in land historically considered The treatment of land as individual property is so thoroughly recognized in our laws, manners and customs that the vast majority never think of questioning it but look upon it as necessary to the use of land. ”

“ You have defined and legalized property as everything on your earth capable and possible of being possessed, and owned, including intangibles. It even includes the waters of your rivers, your seas, and the atmosphere over your earth surface, and you seem to be disputing the ownership of the clouds. Sunshine and air, for the time being, are still free and cannot be owned and claimed. ”

“ Land is real property, or real estate. Stocks, lumber, evidences of debt, and all that property which is classed as movable is personal estate. Personal estate may become real estate. How? Take lumber, bricks, etc., which are personal property, and therewith construct a house, and locate it, with stone or brick foundation, on your land. ”

“ Property being embodied and accumulated labor, it becomes endowed, in all places where the rights of labor are recognized, with the attributes and incidents of titles or evidence of just ownership or possession—inchoate, legal, or equitable—which inhere in the property, follow it, and form a component part of it wherever found. ”

“ The ancient maxim of the law, Mobilia sequuntur personam, was the outgrowth of conditions which have largely ceased to exist, and of an age when personal property consisted principally of articles appertaining, as the name indicates, to the person of the owner, such as gold and silver, jewels, apparel, and less immediately to horses, cattle, and other animals, and to the products of the farm and the shop. ”

“ The third goal is harder to explain. We have a simple word for, and an intuitive understanding of, the complex reality of "property." Admittedly, lawyers think about property differently from the way lay-people do ”