{"id":104,"date":"2023-01-27T17:28:38","date_gmt":"2023-01-27T22:28:38","guid":{"rendered":"https:\/\/pressbooks.bccampus.ca\/landuseplanninginbc\/chapter\/__unknown__\/"},"modified":"2023-12-30T21:37:17","modified_gmt":"2023-12-31T02:37:17","slug":"property_rights_land_tenure","status":"publish","type":"chapter","link":"https:\/\/pressbooks.bccampus.ca\/landuseplanninginbc\/chapter\/property_rights_land_tenure\/","title":{"raw":"Property Rights and Land Tenure","rendered":"Property Rights and Land Tenure"},"content":{"raw":"
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In our Western society, when something is sought-after or in limited supply then it is considered property.[footnote]Pipes, Richard (1999). Property and Freedom<\/em>. New York: Alfred A. Knopf, p. 81.[\/footnote]\u00a0 And if something is valuable enough to be considered property then it follows that a system of rights would be required to administer its use.\u00a0 It is in this sense that we speak of \u201cproperty rights.\u201d\u00a0 Stated more precisely, the term \"property\" refers to a bundle of rights that governs the use of things.[footnote]Flanagan, Tom, Christopher Alcantara, and Andr\u00e9 Le Dressay (2010). Beyond the Indian Act:\u00a0 Restoring Aboriginal Property Rights<\/em>. Montr\u00e9al: McGill-Queen's University Press, p. 18.[\/footnote]\u00a0 These things can be an idea, such as intellectual property, or an object, such as personal property.\u00a0 Property also refers to the bundle of rights governing the use of land.\u00a0 And since land is both sought-after and in limited supply, we need a system of rights to administer its use.\u00a0 Hence, land use planning, which seeks to co-ordinate a variety of rights to land in an efficient and equitable manner.<\/p>\r\n

The right to the land is not restricted to ownership, at least in the way that we generally use the term.\u00a0 As Flanagan et al. state, \u201cAt first glance, property rights seem to apply to lands or things that are owned, but it is more precise to say that they apply to human conduct.\u00a0 They set out the prerogatives of owners that non-owners must respect, under threat of retaliation from owners or enforcement by a third party such as government.\u201d[footnote]Flanagan et al., p. 18.[\/footnote]\u00a0 Generally speaking, a bundle of property rights may be organised into three categories:<\/p>\r\n\r\n