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

Eligibility

How long is it yours for? Who can evict you? 

Security of tenure

Access

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

Develop

Stewarding the land, buildings, people or environment.

Stewardship

Can you buy, sell and inherit the property?

Transfer

Can you let the property? Do you have to pay rent?

Rent

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

Repay or lose

The state or community can end your tenure, but must be for a valid reason and must pay fair remuneration

Compulsory purchase

Your tenure can be ended at anytime with notice with or without remuneration.

No fault eviction

If exclusive labour is not provided by tenant to landowner, there is legal ground for eviction

Eviction when work duties are not fulfilled

Landlord holds the right to break original contract  i.e. to evict tenants, on the grounds that they are selling the property.

Eviction on sale

Having the right to control over when you want to leave or surrender your land. However this right may not survive you leaving the property or dying.

Yours for as long as you want it

Your tenure ends on a specific date, the end of the administrative period, but the lease is long, usually longer than a lifespan. 99 years or more is typical.

Long lease

The right to control over when you want to leave or surrender your land has no end point. It will go on infinitely, beyond death of title owner, until point of legal transfer.

Yours forever

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

Protected contract

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


No eviction

If your property and rights are violated the state will deploy police or military force to protect it.

Right to protection

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

 Right to renew

You have the right to be there, for a specified amount of time which repeats regularly (eg 3 months a year, every year). Outside of that specified time you 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

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

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

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

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

Obligation to allow others to rest / refuge

Duty to offer refuge 

The right to physically access the land   along with rules of behaviour 

Rights of access

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

Right to exclude

Each household/person can only hold one property each under this (or other property) agreements

One each

An advance payment  (with or without protection)  is required that will be returned at the end of the term (sometimes depending on your adherence with agreement)

Deposit

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

Need capital

Holders have an duty to provide non-monetary benefits (mental & physical labour) that will benefit the company or property eg Sweat equity


Pay with labour

Licensors must pay legal and administrative fees as part of the process of obtaining property rights.

Transaction fees

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

Community contribution

Licensee must perform or have 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 demonstrating that that have received satisfactory egal advice 

Declare comprehension

Must be in full or part-time employment to be eligible. Proof of contact may be required.

Must be employed

Potential buyers / license's must attend information sessions.

Attendance

References required

Obligation to write a will with the aid of a solicitor so that the deeds of the property will transfer to a spouse/offspring upon your death.

Must have a will

Future holder must reserve the plot for a specified period, eg one year, before agreeing to purchase.

Reserve a plot

Will need to register for tax in that particular country.

Must have a tax number

Obligation to provide certain kinds of care service 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 the spatial needs of the resident are met.
This might include, for example situations where larger families are eligible for large properties.

Suitable

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

Free from discrimination

A relative from whom one is descended is eligible.

Ancestral connection

Citizen has the right to freely move beyond the defined territory.

Right to migrate

Zero or a nominal amount of upfront capital is required to become eligible.

Zero upfront capital

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

Development obligation

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

Develop it or lose it

Development must meet certain performance measures, eg any development must be zero carbon (must be achieved within one site)

Performance obligations (solo)

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

You must provide infrastructure to deal with waste, water, or electricity 

Must build infrastructure

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

Right to build

The right to adapt make interior (furnishing and fittings), some architectural & landscape soft interventions to suit ones 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

Residents have the right to express their cultural identity through the choices 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

Your tenure will end unless you are meeting certain conditions (eg are occupying)

Use it or lose it

Site left idle will be subject to penalty tax, calculated as a % of land value, or forfeit their license

Use it or pay

You must not do or allow anything to occur or remain on the property that is likely to become or cause a nuisance, injury or damage to others sharing the property and also neighbours.

Nuisance

Obligation to use the land for commercial activity or to generate revenue. 

Commercial obligation

The right to use and enjoy the land as a place to live, sleep, invite friends, subsist etc.

Use as a home

Rights to use the property commercially to earn money and / or provide services.

Commercial use

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

Right to shared spaces 

The right to use the land to grow food & crops, graze livestock, or produce other agricultural products or services to sell.

Right to farm

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

Use as collateral

Right to invite others to occupy the property with you

Right to share

Forestry rights

The right to leave the property vacant for a specified period of time.

Right to leave

Land / property can be used for artistic and cultural activities, such as exhibitions, performances, events.

Artistic & cultural use

You can store personal items here - clothes, books, plants, etc 

Storage

Holders are required to pay rent to the landowner.

Must pay rent

The landowner must reinvest any rents into eg community infrastructure and services

Reinvest rents

Licensee must pay rent to licensor at a rate agreed at the beginning of tenancy. Licensor may raise rent to any level they want.

Rent can increase

Rent cannot be changed for the duration of the agreement.

Explore the patterns

What is ownership?

What is a pattern?

Rights

Obligations