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6 Jewish L. Rep. 1 (1993)

handle is hein.journals/jwlrpt6 and id is 1 raw text is: TOURO COLLEGE JACOB D. F FUCHSBERG LAW CENTER Chaim Povarskyo Director Institute of Jewish Law Advisory Council Dov Frimer Menachem Genack Howard A. Glickstein Aaron Kirschenbaum Sidney Kwestel Daniel Lander Nahum Rako ver Ronnie F. Warburg Executive Committee Aaron Ambalu Eileen Barshay Richard Klein Sidney Kwestel Paul Plo tsker Jeffrey Roth Rena Seplowitz Moses Silfen Steven Steinhart Daniel Subotnik Dr. Bernard Lander. President Touro College Howard A. Glickstein. Dean Jacob D. Fuchsberg Law Center Control Over Property - A Feature of Ownership Institute of Jewish Law Jewish Law Report Editor: Dr. Chaim Povarsky January 1993 TABLE OF CONTENTS I. Lack of Control Over Property: Its Impact on Ownership Rights Under Jewish Law II. Activities of the Institute II. The Latest Word a. In Academia b. In the Literature Lack of Control Over Property: Its Impact on Ownership Rights Under Jewish Law By Dr. Chaim Povarsky One feature of ownership is the right of an owner to control the property, to use it freely and to derive benefits from it. This does not imply that a restriction on an owner's ability to exploit fully his or her property results in loss of ownership. An owner may be restricted in the use of property by zoning laws, tort law, neighbors' rights, easements and liens but will still be considered the owner. A substantial loss of control by the owner over property, however, may result in the total loss of ownership in some cases, or in the loss of power to engage in property transactions in others. For instance, an owner may not be able to engage in transactions with respect to stolen chattels and may forfeit ownership altogether in lost chattels. Likewise, an owner may not be able to engage in transactions with respect to real property occupied by a trespasser if the former cannot prove his or her rights in the property. Jewish law has discussed the impact of lack of control over property on ownership rights in different contexts. What constitutes absence of control and how it affects ownership rights in both real and personal property is the subject ofthis article.

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