bundle of rights theory

Bundle-of-Rights Theory

The total rights that come with the sale of real estate. The bundle of rights includes the ability to live on the property, to make improvements, to sell or rent it and otherwise to do anything to the property that does not violate the law.

bundle of rights theory

A concept describing all the rights capable of ownership in real property.The bundle may be broken, and only some of the rights transferred and others retained, or they may be transferred to different people.

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Some essentialist work occurred before then, but it was not until the 1990s that the modern backlash against the bundle of rights theory snowballed.
James Penner squarely linked the dephysicalization of property with the bundle of rights theory (18) and argued that the bundle theory was not a theory at all.
In response to the failures of the bundle of rights theory, alternative theories typically look to one core right or try to lump several rights together.
bundle of rights theory, it is in its capacity as a theory of property.
many ways aptly, criticizing a well-established bundle of rights theory
possible excesses of the bundle of rights theory developed principally
bundle of rights theory cannot explain the Wallach interest.
This theory, generally known as the bundle of rights theory, (4) has in recent years come to concern itself with questions of how best to define and recognize ownership of private property.
Penner pointed out in his critique of the bundle of rights theory, Tony Honore's essay on ownership was the first to provide substance to the bundle of rights theory.
(11) The basic indirect relationship between interests in use and the legal interests (as with the life estate and the superficies) is an inevitable feature of the overwhelming transaction costs of the "complete" property system envisioned on many versions of the bundle of rights theory. In short, because of transaction costs, the basic contours of the use interests and structure in civil and common property laws are similar.
(48.) "[T]he bundle of rights theory transformed property into
A problem with the bundle of rights theory is that the word "property" ceases to have any real meaning.