ABSTRACT

The puzzle of original acquisition typically starts with a dichotomy between use and ownership. A right of use only permits exclusion of others from interfering in use, whereas ownership is typically said to permit all exclusion. However, the compossibility of rights does not necessarily demand that individuals ever have such totalising exclusionary rights, nor is it the case that use can never extend to include such a level of exclusion. This chapter shows that a use-right can extend all the way to something very similar to ownership in certain cases such as the use of land for agriculture or residential development. Therefore, a right to non-interference just is a right to private property in those cases.