Eierskap

Eierskap, or ownership, refers to a set of legally recognized rights over an asset that allow the holder to use, control, exclude others from, and transfer the asset. Ownership is a central concept in property law and distinguishes the owner from merely possessing an asset. In many jurisdictions, ownership is evidenced by a title, registration, or deed.

Ownership can take various forms, including private, public, or communal ownership. Assets are typically categorized as real property (fast eiendom) such as land and buildings, and personal property (løsøre) such as vehicles and moveable objects. Ownership generally confers rights to use the asset, derive benefits, exclude others from its use, and transfer or dispose of it, subject to legal limits and obligations, such as zoning rules or environmental protections.

Acquisition and transfer of ownership can occur through purchase, inheritance, gift, or creation. Transfer often requires formal documents and, for real property, registration in a land or property registry; for movable property, possession and title may suffice. Ownership can be encumbered by liens, mortgages, servitudes (easements), or other legal restrictions, which limit the owner’s complete freedom of use.

Limitations and enforcement: States may regulate use in the public interest, and owners have duties to comply with laws and protect others’ rights. Disputes over ownership are resolved in courts or through arbitration, with remedies including transfer, compensation, or injunctions. Enforcement mechanisms rely on civil law frameworks and, where applicable, national registries.

Historically, concepts of ownership have evolved from feudal privileges to modern, market-based property rights. Philosophical theories range from claims that ownership arises from labor or value creation to critiques emphasizing social and collective dimensions of property.