Private Property And Equity

Private Property and Equity By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2009 by Anthony J. Fejfar Some argue, naively, and wrongly, that we should not have Private Property. In fact, the no-property position is absurd. Property is defined as a Legal Interest which provides a person with possessory rights in land or goods, which is transferable. Possessory rights include the right to exclude, and thew right to charge someone with theft or trespass.

Private Property rights are no absolute, however. All Property is

burdened with Equity and Benefits from Equity. Thus, we can have reasonable land regulations and nuisance law, without interfering with private property rights at law. Property and Property Rights involve both Law and Equity.