Lebo: Letters, We Get Letters
The P-G published a revealing set of letters last week regarding the Hoodridge Lane gate/fence dispute.
On the one side: The property absolutists. The theme: Once you own something, it is absolutely yours to do with it as you please.
On the other side: The neighborhood. The theme: Property ownership represents an accommodation of absolute interests and the need for social cooperation to build trust and community.
On the third side: The kids. The theme: They just want to keep a safe way to walk around the neighborhood.
Interestingly, the absolutist theme is the intuitive one that many people share, but the neighborhood theme is followed by most historians and scholars of property rights. And property law itself is much closer to the neighborhood theme than the absolutist theme, as one of the letter writers points out. If the lane has been openly used for a long, long period of time, neighborhood interests may trump individual property owner interests.
On the one side: The property absolutists. The theme: Once you own something, it is absolutely yours to do with it as you please.
On the other side: The neighborhood. The theme: Property ownership represents an accommodation of absolute interests and the need for social cooperation to build trust and community.
On the third side: The kids. The theme: They just want to keep a safe way to walk around the neighborhood.
Interestingly, the absolutist theme is the intuitive one that many people share, but the neighborhood theme is followed by most historians and scholars of property rights. And property law itself is much closer to the neighborhood theme than the absolutist theme, as one of the letter writers points out. If the lane has been openly used for a long, long period of time, neighborhood interests may trump individual property owner interests.