3 ms·
Ownership is a legal fiction. In the context of common law countries, the state originally held final "ownership" over all land. People largely weren't allowed
by zhdc1 6y ago
Ownership is a legal fiction. In the context of common law countries, the state originally held final "ownership" over all land. People largely weren't allowed to own property in the modern sense of the term until after the Statute of Westminster (1290), which was passed after it became too difficult for courts to resolve who, exactly, was responsible for what (and for how long, and what was owed in return) under the older feudal system.
I'm sure a lawyer or someone with a better understanding of the history behind all of this can chime in, but the concept of ownership is very much tied to the state's need to know who is responsible for each piece of land, whether for taxation, ensuring upkeep, or for resolving court disputes.