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Originally Posted by Jerry Pitts
Ownership is not restricted to 'land' only and when you attempt to make a definition apply to only one particular aspect of Commerce, then you find you have made an error.
Jerry
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JG: The thread title would lead one to conclude that we're discussing the ownership of land and houses.
And that most people are mislead to assume that "all land" is estate (real property).
However the law, as written, appears to have two distinct categories of ownership:
ABSOLUTE (as in private property) and
QUALIFIED (as in estate, real and personal property).
Most if not all of the myriad realty law gibberish is not applicable to private property, absolutely owned, by an individual.
Estate is defined as an interest in property.
Interest is defined as less than title.
Ergo, one cannot have absolute ownership if one has less than title in property.
LAND. ... The land is one thing, and the estate in land is another thing, for an estate in land is a time in land or land for a time.
- - -Black's Law dictionary, sixth ed., p.877
Estate is a temporary or qualified ownership of land. It is NOT private property. Even an "absolute estate" is still not absolute ownership.
And only private property is explicitly protected by constitution and the common law.