The present paper investigates the question of whether right-libertarians must accept easements by necessity. Since easements by necessity limit the property rights of the owner of the servient tenement, they apparently conflict with the libertarian homestead principle, according to which the person who first mixes his labor with the unowned land acquires absolute ownership thereof. As we demonstrate in the paper, however, the homestead principle understood in such an absolutist way generates contradictions within the set of rights distributed on its (...) basis. In order to avoid such contradictions, easements by necessity must be incorporated into the libertarian theory of property rights and the homestead principle must be truncated accordingly. (shrink)

In the present paper we argue that besides four traditional methods of property acquisition – that is, homesteading, production, voluntary transfer and rectification of injustice – libertarianism also recognizes a fifth method, namely the method of accession. We contend that not only have some libertarian scholars implicitly embraced the accession principle, but also that if libertarianism wants to distribute exclusive ownership to indivisible things produced from inputs supplied by two or more parties without running into conflict with its own principles (...) of justice, it has to recognize accession as the fifth mode of appropriation. As the main thesis of the paper goes against the received view concerning the very core of libertarianism, that is, its methods of property acquisition, the text indicates some new developments within the libertarian theory of justice. (shrink)