Property Rights

The right of property is that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual.

Jus proprietatis est jus illud solum et despoticum dominium quod unus homo exercet in rebus externis mundi.

Source: Blackstone, 2 Bl. Comm. 2, 5; 1 Bl. Comm. 138; Weisman, 91bb

Ownership is exclusive dominion — the owner's right excludes all others, including the government, except by due process of law.

Chattels justly possessed cannot be lost.

Catalla juste possessa amitti non possunt.

Source: Jenk. Cent. 28; Bouvier, *Law Dictionary* (1856)

Goods held by lawful right cannot be forfeited without due process of law — just possession is its own defense against all claims of loss or seizure.

Property is the proper right by which a man uses his own thing.

Proprietas est jus proprium, quo quis re sua utitur.

Source: Blackstone, 2 Bl. Comm. 2; 1 Bl. Comm. 138

Property is not a privilege granted by government — it is an inherent right of use and dominion over what belongs to a man.

It is unjust that freemen should not have the free disposal of their own property.

Injustum est, nisi tota lege inspecta, liberos homines non habere liberam potestatem rerum suarum.

Source: Co. Litt. 223a; 4 Kent, Comm. 131; Hob. 87; Weisman, 91e

A free man's control over his own property is a fundamental attribute of liberty — any restraint on disposal is a restraint on freedom itself.

That which is mine cannot be taken away without my act, consent, or forfeiture.

Quod meum est sine me auferri non potest.

Source: Broom, Max. 465; Jenk. Cent. p. 251, case 41; 8 Co. 92; Dig. 50.17.11

No man loses his property except by his own act, his own negligence, or lawful forfeiture — never by the bare will of another.

Possession is the best title where no better title appears.

Possessio est optimus titulus ubi alius non apparet.

Source: 20 Vin. Abr. 278; Bouvier, Max. 148; Weisman, 91w

Actual possession establishes a presumptive right that prevails against all the world except a claimant with superior title.