The Modern Concept of Land Ownership

https://heinonline.org/HOL/LandingPage?handle=hein.journals/actj1985&div=16&id=&page=

‘In every scientific system of law there is, and must be, a distinction between dominium and obligatio-between ownership and the right to demand from another payment or the performance of an act. What, however, is the exact scope of dominium has been a matter of controversy for centuries… Savigny’s definition may be accepted as of high authority. “Dominium is the unrestricted and exclusive control which a person has over a thing” (Savigny System [des heutigen römischen Rechts], vol 1, sec 59, p 367). Inasmuch as the owner has the full control, he also has the power to part with so much of his control as he pleases. Once the owner, however, he remains such until he has parted with all his rights of ownership over the thing.’ (Per Wessels I in Johannesburg Municipal Council v Rand Townships Registrar & others 1910 TS 1314 at 1319.)’