| | : Joint ownership is a well established aspect of American property law. It is generally divided into two categories: "joint tenancy" and "tenancy-in-common." The principle distinction between the two relates to the rights of the cotenants as against one another. It may be that you're use of the term "absolutely" is calculated to advert to that fact, since, in either case, the cotenants do have at least some duty to one another. That, however, does not render joint ownership something less than (or other than) private property. See, e.g., Joint Ownership and Alienability, International Review of Law and Economics, Vol. 23, No. 1 (March 2003), pp. 75-100. [[Uswer:QBeam]] 4:58 (EST) Nov. 27, 2007 | | : Joint ownership is a well established aspect of American property law. It is generally divided into two categories: "joint tenancy" and "tenancy-in-common." The principle distinction between the two relates to the rights of the cotenants as against one another. It may be that you're use of the term "absolutely" is calculated to advert to that fact, since, in either case, the cotenants do have at least some duty to one another. That, however, does not render joint ownership something less than (or other than) private property. See, e.g., Joint Ownership and Alienability, International Review of Law and Economics, Vol. 23, No. 1 (March 2003), pp. 75-100. [[Uswer:QBeam]] 4:58 (EST) Nov. 27, 2007 |
| | + | You are in error with respect to American law. "Joint ownership" never refers to private property. If I may direct your attention to the LEGAL DEFINITION, estate (real and personal property) is held with qualified ownership by two or more persons OR when the ownership is limited in any fashion. In contrast PRIVATE PROPERTY is absolutely owned by an individual. The U.S. constitution specifically protects private property ownership, while not extending any protection to estate. Similarly, state constitutions delegate taxing power over estate but do not refer to private property. (see Ad Valorem Taxation) |