The Incident

Its Characteristics

1.

The owner’s right to possession

Although he may not actually have possession

however, he retains a reversionary interest if he has voluntarily temporarily divested himself of possession

2.

The owner’s right (liberty) to its use and enjoyment

Although he is not under a duty to either use or enjoy it

however, others have a no-right to prevent him from using / enjoying it

3.

The owner’s right (power) to consume, destroy or alienate the thing

however, others usually do not have any such power: nemo dat quod non habet

4.

The owner’s interest is of indeterminate duration

however, the interest of a non-owner is of limited duration e.g. a lessee’s interest ends with the expiry of the term of the lease

5.

Ownership has a residuary character

and is limited to the rights which remain after lesser rights have been given away

however, the extinction of lesser rights such as lessees’ rights revive in the owner all his original rights