The various rights in real estate are included under the three expressions, ownership, possession and enjoyment. The idea conveyed by each of these three terms is well expressed by the following extracts from one .. of the latest works on this subject:

"In our example the student will not fail to have observed a basic idea which pervaded every part and colored every phase, and this idea or notion, may be crystallized into the word ownership. The expression is convenient; it represents the ideas involved in the sum of the aggregations of rights which may be had in land better than any other word that can be used, yet it is merely an abstraction. It eludes exact and scientific definition, and legal lexicographers admit their inability to fix its precise status. It has been described by one writer as 'the relation of a person to a thing,' by another as 'a plenary control over an object,' by another as the 'entirety of the powers of use and disposal allowed by law,'/ and by still another as 'a right over a determinate thing, indefinite in point of use, unrestricted in point of disposition, and unlimited in point of duration.' Perhaps the best definition is that which describes it as 'a power residing in the land owner as its subject exercised over the land, as its object, and available against all other men.' None of these descriptions are altogether satisfactory, particularly when applied to the ownership of land, and we are compelled to seek a definition rather in the enumeration of its attributes than in the term itself. But in spite of our inability to strictly define the term, it yet definitely represents fixed ideas of property. It implies powers of use and disposal; it carries with it the idea of possession, it indicates rights of enjoyment, and further indicates that all of these rights are exclusive of corresponding rights in others. But the power of user may be qualified in many ways; the power of disposal may be limited; one may be the owner and yet not entitled to possession; and the rights of enjoyment may be abridged or suspended." 7

"From the same example we may gather another idea which finds expression in the term possession. This also is a legal abstraction, in no way dependent on physical conditions, control or detention, notwithstanding that we are accustomed to associate it with some one or all of these phases. Possession is generally regarded as an attribute of ownership - in fact, that it is inherent in ownership. We have seen, however, that a person may be the owner and yet not be entitled to possession, while, on the other hand, a person may be in possession who is not the owner. This enables us to draw a strong line of demarcation between ownership and possession, although the two are often confounded."8

"There is still another idea involved in our example which is quite adequately expressed in the word enjoyment. This also is an attribute of ownership and is inseparably connected with possession, yet it represents ideas which neither of those terms fully cover. A grant is made to a party of lands which he is to 'have (own), possess, and enjoy,' and these three terms seem to express in all its fullness the sum of the aggregate of proprietary rights."9

Warvelle on Real Property, pages 15-16. 1 Warvelle on Real Property, page

8 Warvelle on Real Property, page 20.

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