‘Property and “The Right to Include”’

Donald Kochan (Chapman) recently published an essay, ‘Property as a Vehicle of Inclusion To Promote Human Sociability’, in JOTWELL – The Journal of Things We Like (Lots). The essay reviews my article on The Right to Include. In that article, I attempt to highlight the fact that private property allows owners not only to exclude but also to include others. Inclusion may occur informally, contractually, or through a range of property forms, from easements and leases to common-interest communities and trusts. While there are benefits from including others in property (think of Airbnb), there are also costs and potential pitfalls of inclusion – coordination difficulties, strategic behavior, and conflicts over use … (more)

[Dan Kelly, New Private Law, 25 April]

First posted 2016-04-26 06:23:12

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