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To what extent do property rights and human rights overlap or coalesce? Has the Human Rights Act 1998 introduced new human rights of property?
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Land Law Essay 2 (from Supervision 2 sheet) Q.8 To what extent do property rights and human rights overlap or coalesce? Has the Human Rights Act 1998 introduced new human rights of property? The impact of the 1998 Human Rights Act (HRA) upon English land law is one of significant importance in the changing nature of 'property'. Certain rights given under the HRA operate to blur the distinction between personal and property rights. Since domestic legislation must now be given effect 'in a way which is compatible with the Convention rights', with it also being unlawful for any public authority to act 'in a way which is incompatible with a Convention right' it is becoming more pre-dominant today that the quantum of property which any person may claim in land is curtailed by human rights considerations. Conversely, many rights under the Convention may operate to give a person certain proprietary interests...
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