Property Rights and Public Law

Question 1

Why is property a social arrangement?

Answer 1

• Property is a social arrangement
  -property without protection=/ property
  -social construct

Question 2

Name the two types of excessive regulation property

Answer 2

• Regulation(deprivation) of property
  -Expropriation

Question 3

Explain regulation (deprivation) of property

Answer 3

• interference with the use, enjoyment, or exploitation of
  -PRIVATE property

Question 4

Explain expropriation

Answer 4

-UNILATERAL state action where the state acquires property rights in order 2 use land 4
-PUB. PURPOSE

Question 5

Explain how excessive regulation of property can be limited?

Answer 5

-Requirement of statutory basis
-there must be a valid law 2 back up gov
-Legi. aim
i. public purpose of public interest
ii. Regulation of prop, not only serve priv. interests but also pub. interests
iii. Must be reasonable
-Proportionality
i. suitability
ii. Necessity
iii. Balnce of interests: indivudal vs. public interest
-proportionality in strict sense
-disadvantages of a measure must NOT outweigh the public benefits

Question 6

What are the ways someone could get compensation of deprivation of property

Answer 6

• prove individual burden
  -Prove that its against statutory requirements

Question 7

Explain how one could prove the individual excessiveness of deprivation of property

Answer 7

-1. Individual burden
has 2 effect a relatively SMAll group of ppl
-who are suffering more harm than others

-2. Excessive burden
i. Burden is disproportionate
ii. Beyond normal societal risk (what can be expected from living in a society)

–> If both burdens proven–> compensation

Question 8

List the different kinds of property

Answer 8

• Land property
  -Private property
  -State property
• Common property

Question 9

What are the freedoms associated with pirvate property?

Answer 9

i. Freedom to perform legal acts (e.g: sell)
ii. Exclusion from others

Question 10

Explain the advantages of private property

Answer 10

• security and incentive 2 invest
  -inputs and returns + societal goals–>efficient and effective functioning of markers, sustainable development, environmental protection, food security

Question 11

Explain the disadvantages of private property

Answer 11

• Negative externalities: air and soil pollution + Inequality
  -between people who own a lot of land and people who don’t own any ( FUCK LANDLORDS)

Question 12

Explain what state property i

Answer 12

• State owns all the land
  -Specific state ownership: like rivers, mountains or costs

Question 13

Explain what common property is

Answer 13

-In between state and private property, owned by a community of people defined by law or by custom
-

Question 14

Where is land law found in the DCFR?

Answer 14

• no specific rule on land law in the DCFR
  
  • Hard to harmonise specific rules

Question 15

Explain Lex Rei Sitae

Answer 15

• law of the country where the land is located
  -is the applicable land law

Question 16

List the real rights in land

Answer 16

• ownership
  -Leasehold (lease) or easement

Question 17

What does ownership of land compridse of in the DCC

Answer 17

-Art 5:20(I) DCC
- Surface
-Soil under surface
-Plants frowing on land
-(Ground) water
-Accession

Question 18

Explain vertical accession

Answer 18

If one owns land, one is entitleD
-to use everything ABOVE and
-everything BELOW the land

Question 19

What does the word title encompass

Answer 19

1.Valid title: or cause for transferring the real property such as:
-purchasing or selling agreement
2.Power of disposal: typically the owner whioch has that power
3.Transfer act: real property consisting in the notarial deed of transfer