Abandonment of Property
Webcast Q&A: 13 February 2011, Question 4
I answered a question on abandonment of property on 13 February 2011. You can listen to or download the podcast of just this question below – or check out the whole episode of Philosophy in Action Radio.
What constitutes abandonment of property? Can you forfeit your property by not using it for a certain period of time? Suppose your father cultivated a certain stretch of land and left it to you after his death. After some time, you stop cultivating it and move away. Many years pass. Would someone else be justified to claim the land as his if he starts cultivating it again? Would you have abandoned and forfeited your property rights to it? If so, would it make a difference if you did not move away but continued living in the vicinity, but without using the property at all, not even for a walk?
My Answer, In Brief: That's an issue for a specialist in property law, not a philosopher. However, as a general matter, some legal process by which abandoned property can be homesteaded is necessary in property law.
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- Duration: 6:43
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Relevant Links
- Wikipedia on Adverse Possession; Diana Brickell's podcast on Rules and Property Rights
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I'm Dr. Diana Brickell. I'm a philosopher specializing in the application of rational principles to the challenges of real life. I received my Ph.D in philosophy from the University of Colorado at Boulder in 2009. My book, Responsibility & Luck: A Defense of Praise and Blame, is available for purchase in paperback and Kindle. The book defends the justice of moral praise and blame of persons using an Aristotelian theory of moral responsibility, thereby refuting Thomas Nagel's "problem of moral luck."
My radio show, Philosophy in Action Radio, broadcasts live over the internet on most Sunday mornings and some Thursday evenings. On Sunday mornings, I answer questions applying rational principles to the challenges of real life in a live hour-long show. Greg Perkins of Objectivist Answers co-hosts the show. On Thursday evenings, I interview an expert guest or discuss a topic of interest.
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