ABSTRACT

The term property rights, as discussed by Smajgl and Larson in Chapter 1 of this book, is also used in this chapter in its fullest generic sense. It is used synonymously with property RORs where ROR is an abbreviation for rights, obligations and restrictions. The term property rights can have many different meanings to different groups. Some take the term property to only relate to real property, or definitions of property in particular legislation. Some consider property rights and land rights to be the same. Some view property rights as a generic term encompassing, or synonymous with, some or all of the following: access rights, use rights, entitlement rights and similar terms. Some consider the generic term also includes obligations, restrictions, controls and similar expressions. Others view rights as being solely restricted to rights and not to include obligations, restrictions, etc. Some consider the terms access rights and use rights to have specific meanings. Access and use rights can be considered as modifying restrictions to, or obligations on, rights held by another.