43. Property rights
Property rights encompass a set of legal entitlements, interests, or privileges that individuals or entities hold in relation to real property, such as land, buildings, or structures. These rights delineate the scope of ownership, use, enjoyment, and control of property assets and may include various legal and equitable interests recognised under the law.
Here are definitions of specific property rights:
| Rights of light | Rights of light refer to legal protections afforded to property owners to receive natural light through windows, openings, or apertures in their buildings. These rights prevent neighbouring developments or obstructions from blocking or significantly reducing the access of light to existing windows or openings, thereby preserving the quality of natural illumination within buildings. |
| Rights of support from adjoining properties | Rights of support entail the entitlement of property owners to receive adequate support and stability for their buildings, structures, or land from adjoining properties. These rights prevent subsidence, collapse, or damage to buildings resulting from inadequate support or excavation activities on neighbouring land. Property owners are obligated to refrain from actions that may undermine the stability or integrity of neighbouring structures. |
| Customary rights (e.g., rights deriving from local traditions) | Customary rights are traditional or customary practices, usages, or privileges associated with land or property ownership, deriving from local customs, traditions, or historical practices. These rights may include customary land tenure systems, communal grasing rights, or customary access rights over certain areas or resources, which are recognised and upheld within specific communities or regions. |
| Rights of way | Rights of way grant individuals or entities the legal right to pass over or use a specific route, pathway, or passage across another person's land or property. These rights facilitate access, ingress, or egress to and from properties and may encompass pedestrian rights of way, vehicular access rights, or easements allowing the installation and maintenance of utilities or infrastructure. |
| Importance of property rights | Property rights play a crucial role in defining and protecting the interests of property owners, occupants, and stakeholders, ensuring certainty, security, and stability in property transactions and land use activities. Recognised and enforceable property rights provide clarity, transparency, and predictability in property ownership, use, and development, fostering investment, economic development, and social cohesion within communities. By delineating the boundaries of ownership, regulating interactions between neighbouring properties, and safeguarding essential interests such as access, light, and support, property rights contribute to the orderly and sustainable management of real property assets. |