Concept Of Ownership In Common Law

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Possession is the objective realization of ownership. It is in fact what ownership is in right. Possession is the de facto exercise of a claim; ownership is the de jure recognition of one. A thing is owned by me when my claim to it is maintained by the will of the State as expressed in the law; it is possessed by me, when my claim to it is maintained by my own self-assertive will. Ownership is the guarantee of the law; possession is the guarantee of the facts. It is well to have both forms of security if possible; and indeed they normally co-exist. But where there is no law, or where the law is against a man, he must content himself with the precarious security of the facts. [ A. E. S. TAY. The Concept of Possession in the Common Law: Foundations…show more content…
Ownership and Possession in Early Common Law. ] both in Philippine and other international jurisdictions. Despite the fact that ownership and possession are interchangeably used as concepts in movable properties, the submission of the author is that ownership and possession are different and must be treated differently. Ownership may be evidenced by possession, but it is the act of transferring ownership by sale that shall convey better title and the right to ownership of the thing. D. The Principles of Land Registration Applicable to Transfer of…show more content…
The previous land registration system, which was based on the registration of deeds, did only little to overcome or reduce the difficulties and uncertainties in proof of title. It was the deed, rather than the title, that was registered with the proper authorities. Registration therefore did not provide an assurance of validity. It merely provided priority if the ownership was valid. The need to investigate title every time land was conveyed or otherwise dealt with meant that parties had to incur expense in both time and money. This caused several delays and unsolved issues. Due to the complexities of such investigation, purchasers also had to abide a certain degree of risk that defects in the vendor’s title would not be fully discovered in the investigation.[ Kelvin F K Low, The Nature Of Torrens Indefeasibility: Understanding The Limits Of Personal Equities ( Retrieved Jan 6, 2017, 11:16am.] Such problem has now been solved by the Torrens System of registration. Under such system, a Torrens Title becomes indefeasible and incontrovertible one year from its final decree. It is generally a conclusive evidence of the ownership of the land referred to therein.[ Calalang v. Register of Deed of Quezon City, G.R. No. 76265, April 22, 1992; (Tirado v. Sevilla, 188 SCRA 321; Ching

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