Preconditions of tenure. What makes a person eligible to own or rent the property?

Eligibility

How long is it the holder's for? Who can evict them? 

Security of tenure

Access

Can holders demolish, build or improve buildings on the property? 

Develop

When it comes to stewardship and care, what is the relationship between the holder and the site's land, buildings, people or environment?

Stewardship

Can holders buy, sell and inherit the property?

Transfer

Can holders let the property? Do they have to pay rent?

Rent

If loan repayments or rents are unpaid, the holder may be evicted from the property. 

Repay or lose

The state or community can end the tenure, but it must be for a valid reason and fair remuneration must be paid.

Compulsory purchase

Tenure can end anytime with notice, and with or without remuneration.

No fault eviction

If the holder does not provide labour to the owner, there is legal ground for eviction.

Eviction when work duties are not fulfilled

The owner holds the right to break original contract (for example, to evict holders) on the grounds that they are selling the property.

Eviction on sale

Holders have the right to control when they want to leave or surrender their land. This right may not persist after the holder leaves the property or dies. 

Yours for as long as you want it

Tenure ends at the end of the administrative period, but the lease is usually longer than a lifespan. 99 years or more is typical.

Long lease

The holder has the right to control when they leave or surrender the land; this right has no end point. It persists indefinitely, beyond the death of the title holder, until point of legal transfer.

Yours forever

The lease contract is legally protected by a registered institution, eg a national land registry. This gives the contract proprietary status.

Protected contract

No person in society has the right to evict the holder. 


No eviction

If the holder's property or property rights are violated, the state will deploy police or military force to protect them.

Right to protection

When the tenure ceases, the holder has the right to continue for another term.

 Right to renew

Holders may stay for a specified amount of time which repeats regularly (eg 3 months a year, every year). Outside of that specified time they must vacate the property.

Time-share

Any buildings and outdoor spaces must be kept in a safe, healthy and habitable state for humans

Safe and healthy

A responsibility to protect, restore and not deplete ecosystems or damage habitats of other beings eg tending to wild woodlands, meadows, rivers, oceans, forests etc

Habitats 

Obligation to participate in certain social activities or events 

Community participation

Obligation to maintain certain performance measures  (eg air quality, pollution, soil nutrients) by tending or replacing (eg trees, nutrients, buildings) for future generations

Ecological performance

Obligation to record and communicate the use of resources on the property eg water use, electricity use, etc. Provide an account of the amount of timber consumed for heating the building, post occupancy, on an annual or regular basis. Provide an account of the electrical energy consumed for human living within the building, post occupancy, on an annual  or regular basis.


Must keep records

Property must be left no worse than found. A penalty may be incurred if this is not adhered to.

Leave it as you found it

The holder has a duty to provide the community with fresh clean water.

Provide water

Some or all of materials extracted from the property must be shared with the community.

Share materials

Obligation to leave the property better than you found it, against certain performance measures or nominated judgement. (Ephebic obligation)

Better than you found it

You cannot destroy part or all of the building, and must not allow it to fall into disrepair or neglect.

Protected building

Land holder must provide some kind of continuous service, eg managing the property and ensuring that certain work duties are fulfilled, on a continuous basis.

Ongoing duties

Obligation to prevent / address a specific form of contamination or pollution

Remove contamination 

You are responsible for the regular maintenance of landscape and buildings, including carrying out repairs when needed.

Must upkeep

You can decide how much water to take, as long as water is not wasted.

Don't waste water

Holder can participate & exert influence on collective matters within the community.

Governance rights

The holder has a right for the building to be kept in good repair, it is the responsibility of the local authority to maintain the essential structural and service elements of the building.

Authority upkeeps 

The right to use and enjoy local water sources for safe drinking, bathing, washing etc.

Right to water

All holders are entitled to a share of the products & natural resources produced within the territory, from the land, sea, air, and sun.

Energy shareback

Holder has the right to graze livestock (such as cattle, sheep, horses or chickens)

Grazing rights

The right to gather fish in river and ocean.

Fishing rights

Right to extract minerals, water, nutrients etc from the land. Includes turbary rights -  the ancient right to cut turf or peat, for fuel on a particular area of bog.

Right to extract

The right to leave the property unmaintained.

Right to neglect

Right to seek, pursue and capture or kill wildlife, fish or feral animals.

Right to hunt

Cooked and prepared meals will be provided for you to share with the community.

Communal meals

The right to demolish or remove structures or trees/plants on the land

Right to demolish

The right to cut, prepare, store and carry away turf from a specific plot of bogland.

Turbuary rights

Ecologist and forestry fees are supported by public funding

Ecology grant

Fair land division based on proximity to opportunities

The practice of releasing livestock pigs in a forest so that they can feed on fallen nuts, in autumn, usually for a minimum of 60 days. 

Pannage

The right to gather wild food, mushrooms, flowers or plants for personal consumption.

Foraging rights

Right to use the land as a personal garden space to grow various plants and trees, including growing food for your own consumption.

Right to grow

The holder must provide access to the landowner on a pre-agreed basis. This might be occasional (for example, to make repairs) or at any time.

Landlord access

Holders must offer space for rest and refuge to others.

Duty to offer refuge 

Holder has the right to physically access the land, so long as they abide by certain behaviour rules. 

Rights of access

The right of exclusion allows the title holder to limit who may enter the property. 

Right to exclude

Open access

Holders cannot have more than one property each.

One each

An advance payment (with or without protection) is required, and will be returned at the end of the term (sometimes depending on the holder's adherence with an agreement).

Deposit

Initial upfront capital or a loan deposit is required to secure the property.

Need capital

Holders have a duty to provide non-monetary benefits (mental and physical labour) that will benefit the company or property, eg sweat equity.

Pay with labour

Legal and administrative fees must be paid in order to hold the property. 

Transaction fees

Property rights and obligations are allocated and proportioned relative to one's contribution to the community. The holder may have to perform, or have previously performed, some kind of service, either to the ruler, community or landlord.

Community contribution

Property rights and obligations are allocated proportionally to one's contribution to the community. The land holder may have to perform or have previously performed some kind of service, either to the ruler, community or landlord.

Service requirement

Holders must declare that they have understood the legal agreement they are entering into, eg by demonstrating that they have received satisfactory legal advice.

Declare comprehension

Holders must be in full or part-time employment to be eligible. Proof of contract may be required.

Must be employed

Prospective holders must attend information or training sessions.

Attendance

Holders must provide third-party references.

References required

Holders are obliged to write a will with the aid of a solicitor, so that the deeds of the property will be transferred to a nominated person upon their death. 

Must have a will

Future holders must have reserved plots for a specified period, eg one year, before the actual purchase.

Reserve a plot

Holders will need proof of tax registration in the relevant country.

Must have a tax number

Holders are obligated to provide certain kinds of care services to the community.

Community workers

Each person has the right to a plot of land in order to support oneself at a minimal level.

A right to land

Properties allocated must meet a suitability check to ensure that the spatial needs of the holder are met. This might include, for example, ensuring that larger families have adequate space.

Suitable

Property is available to anyone regardless of racial background, where they hold residency status, what their profession is, or what their criminal history is.

Free from discrimination

Holders must be descended from a specific group to be eligible.

Ancestral connection

Holders have the right to move freely beyond the defined territory.

Right to migrate

Either no upfront capital is required, or it is of a nominal amount. 

Zero upfront capital

Development must meet certain performance measures, eg any development must be zero carbon. (This must be achieved within one site, meaning emissions cannot be offset elsewhere.)

Performance obligations (solo)

You must develop or maintain the property (sometimes within a prescribed timescale), for example, by building on it.

Development obligation

If the holder does not develop the site, the local authority or landowner has the right to transfer the site back.

Develop it or lose it

Licensors have a duty to tolerate the use of a part of the land for public services (road, sewerage systems, etc).

Allow space for public infrastructure

Development must meet certain performance measures, eg any development must be zero carbon (this can be achieved in collaboration with others).

Performance obligations (collaborative / tradeable) 

Holder must provide infrastructure to deal with waste, water or electricity.

Must build infrastructure

The holder has a right to construct buildings on the land, often within certain rules and constraints.

Right to build

Holders may make certain interior (furnishing and fittings), architectural and landscape interventions to suit their needs.

Right to adapt

Any development must be sufficiently certified or warrantied, or comply with regulations such that it can be bought using a mortgage.

Must be mortgage-able

Needs and desires of the future occupants inform the design of the space. 

Design for user

Holders have the right to express their cultural identity through their choice of construction methods and materials.

Right to architectural expression

Design fees are supported by public funding.

Grants for development

The property may be used for personal or community activity but not for any activity generating revenue.

No commercial use

Tenure will end unless holders meet certain conditions (eg are occupying the plot).

Use it or lose it

The land must be used for commercial activity or to generate revenue. 

Commercial obligation

Any site left idle will be subject to penalty tax, calculated as a percentage of land value; otherwise, holders risk forfeiting their license.

Use it or pay

Holders must prevent activities on the property that are likely to cause nuisance, injury or damage to neighbours.

Nuisance

Holders have the right to use and enjoy the land as a place to live, sleep, and to entertain or accommodate friends.

Use as a home

Holders have the right to use the property commercially to earn money and / or provide services.

Commercial use

Holders have the right to access communal spaces or resources. Rules of user etiquette must be practised.

Right to shared spaces 

Holders have the right to use the land to grow crops, graze livestock, or produce other agricultural products or services to sell.

Right to farm

Holders may invite others to occupy the property with them.

Right to share

The holder can borrow capital against the value of the property (also known as using the property as collateral in a loan).

Explore the patterns

What is ownership?

What is a pattern?

Rights

Obligations