Property law plays a crucial role in the ability of groups, especially ones composed of geographically-adjacent members, to establish and maintain significant forms of "community" around a shared social, economic, or ideological interest. Property may also, however, have the opposite effect of undermining or even destroying communities, particularly those that rely on fragile modes of cooperation. This Article identifies three major types of territorial communities: Intentional Communities—close-knit groups that initially organize around a consolidating non-instrumental idea and employ sweeping internal norms (...) to validate their communality. Planned Communities — comprised mostly of residential developments of homeowners associations, which rely on a formal set of conditions, covenants, and restrictions incorporated in the association’s governing documents. Spontaneous Communities — clusters of initially unorganized neighbors who succeed in cooperating and coordinating over time. The evolvement of such organizations may be essential to the creation of an interpersonal "social capital" and to a physical and functional improvement of the community’s surroundings. For each one of these types of communities, property law plays a very different role. Thus, while Intentional Communities do not strictly hinge upon the existence of a supportive property system to flourish, Planned Communities cannot be conceived without the security of an overt, formal, state-backed regime, and Spontaneous Communities may often need property law’s affirmative backing to thrive and enjoy the social and economic benefits of sustainable collective action. (shrink)

The Construction of Property identifies the structural and institutional foundations of property, and explains how these features can accommodate various normative agendas. Offering rich and cutting-edge analysis, the book studies the spectrum of property regimes including private, common and public property as well as innovative forms of property hybrids such as US-style residential community associations, the British Private Finance Initiative, the Israeli Renewing Kibbutz, community land trusts and grassroots phenomena of property ordering in publicly-owned open spaces. It also investigates the (...) protagonists of property beyond the individual and the state, identifying the key role that community organisations and business corporations play for both the private and public aspects of property. The book then addresses property's greatest challenge: the move from a largely domestic legal construct into one that accommodates the increasing social and economic forces of globalisation. (shrink)