Role of Government in Property - Explained (2024)

Discussion Question

Do you agree that an individual only has ownership in something to the extent that the government (the law) recognizes that individuals rights? Are you concerned by any requirements that the government puts in place to establish ownership?

Practice Question

Gordon enters into a verbal agreement to purchase land from Wynona. He pays for the land and takes possession of it. Gordon and Wynona never execute a deed or otherwise title the land with Gordon. When Wynona passes away, her children claim ownership of the land. Who likely has legal ownership of the land and what is the role of government in establishing and recognizing ownership?

• There are several ways through which a property owner is enabled by the federal and state governments to claim and prove ownership. One of the most obvious ways is by having a property deed which shows the names and any other detail of the real owner of the property. However, when the person claiming ownership of the property does not have a property did, they can produce any of the following as prove of ownership;
  • Recorders office documents -When a person acquires an ownership in land, they should record the deed and other property ownership documents at the county recorders office where the property is located to provide notice to the public.
  • By producing tax receipts - The owner doesn't have to have recorded the property to pay the taxes for it. If the owner can prove that they have been paying taxes, then the tax receipts are all they need as proof.
  • Affidavit of ownership. -Alternatively, if the person has no documents such as a deed, they can swear and sign an affidavit of ownership in the presence of a notary.