On Property: Basic Rights and Contingent Titles

The issue of property—particularly of land—lies at the heart of many planning debates. Nevertheless, it remains one of the most frequently misunderstood topics. Notably, much of the discussion on the subject appears to overlook the distinction between its various levels. It is instead crucial to distinguish sharply between two main levels. First, the constitutional right of each individual to hold private property (if we decide to recognise it). This is the general claim not to be ruled out of the class or category of individuals who may own property. Second, the post-constitutional property title of someone to something: that is, the entitlement of a specific individual to a specific item. In this sense, it is the concrete claim to a particular asset. All of this is of crucial relevance to planning theory, but it is also significant for planning practice.