This essay will critically examine the nature of property rights in artificial landscapes and floating structures within a system of private property to consider if they can be treated as ‘real property’ (land). The legal concept of private property is primarily tied to an individual’s right to ‘exclusivity’, or the sole right of access to use, occupy, and exploit a terrestrial piece of land. However, this grounding of the legal concept of private property ownership in the individualised right of exclusivity, that is, whether ownership should only be understood by this one defining right and duty, has been subject to ongoing examination and debate. This chapter analyses the bundle of rights that attach to the legal concept of real property in order to understand how the law can translate the existing legal concept of the right of exclusivity to the resources of artificial landscapes and floating structures. It examines the idea of rights and the concept of ownership in property through the lens of contract and torts law to articulate the legal concept of exclusivity (and other property rights) with greater clarity and how these concepts need to be adapted when the context of property shifts from land, to the water. This is a critical question that needs to be addressed in order for floating structures to have utility as land. This chapter proposes that some rights need to be linked for artificial landscapes, within a context of land scarcity and water, for the right of exclusivity to make sense to property-holders.

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The ‘Bundle of Rights’ of Property: A Close Examination of the Jural Relationship in Artificial Landscapes and Floating Structures as Land Replacements

  • Kim D. Weinert

摘要

This essay will critically examine the nature of property rights in artificial landscapes and floating structures within a system of private property to consider if they can be treated as ‘real property’ (land). The legal concept of private property is primarily tied to an individual’s right to ‘exclusivity’, or the sole right of access to use, occupy, and exploit a terrestrial piece of land. However, this grounding of the legal concept of private property ownership in the individualised right of exclusivity, that is, whether ownership should only be understood by this one defining right and duty, has been subject to ongoing examination and debate. This chapter analyses the bundle of rights that attach to the legal concept of real property in order to understand how the law can translate the existing legal concept of the right of exclusivity to the resources of artificial landscapes and floating structures. It examines the idea of rights and the concept of ownership in property through the lens of contract and torts law to articulate the legal concept of exclusivity (and other property rights) with greater clarity and how these concepts need to be adapted when the context of property shifts from land, to the water. This is a critical question that needs to be addressed in order for floating structures to have utility as land. This chapter proposes that some rights need to be linked for artificial landscapes, within a context of land scarcity and water, for the right of exclusivity to make sense to property-holders.