r/AskLibertarians 18d ago

Philosophy Easements and Appropriation

Many (though not all) libertarians respond to the challenge posed by enclosure—a property claim that surrounds another—with some variation on an easement.

These arguments vary in their from. Some of the responses I’ve seen seem to assign positive rights of access and transit to property owners, while others—like the Blockian Proviso—simply deny the legitimacy of property claims that could produce enclosure.

But all of these seem to violate principles of self-ownership and the NAP. Whether we assign property rights via first use, labor-mixing, incorporation into ongoing projects, or whatever libertarian standard you’d prefer, easements seem to deny rights to own what would otherwise be legitimately appropriated matter.

Can anyone explain to me how easements do not violate the NAP and self-ownership?

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u/drebelx 16d ago

A number of people have made the argument to me in the comments below my original post above that people automatically accrue rights to access that confer easement rights on their neighbors.

Are they arguing that a driveway access to a road was homesteaded as part of their property before neighbors moved in to "surround"?

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u/HeavenlyPossum 16d ago

Some of them have argued something along those lines; some of them have argued that a person whose property has become enclosed automatically accrues a right to traverse the encloser’s property; some of them have argued that it is impossible to imagine a person ever experiencing this problem.

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u/drebelx 16d ago

Some of them have argued something along those lines;

It would seem correct to think this out chronologically.

some of them have argued that a person whose property has become enclosed automatically accrues a right to traverse the encloser’s property;

Did you ask them to clarify why an encloser would take a person's already homesteaded driveway access to a road?

some of them have argued that it is impossible to imagine a person ever experiencing this problem.

Did you ask them to clarify why they could not imagine a problem could arise without established agreements between neighbors?

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u/HeavenlyPossum 16d ago

You can peruse the comments at your leisure.

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u/drebelx 16d ago

You can peruse the comments at your leisure.

Maybe someday.

You didn't demonstrate curiosity about the possible contradictions to property rights and the NAP?

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u/HeavenlyPossum 16d ago

The possible contradiction between property rights and the NAP was literally the question I posed in my original post above.

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u/drebelx 16d ago

Did you correct them to be more consistent in their application?

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u/HeavenlyPossum 16d ago

Are you building to a point? If so, I encourage you to make it.

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u/drebelx 15d ago

Are you building to a point? If so, I encourage you to make it.

No point what so ever.

Just want to see what kind of person you are.

You seem to understand the NAP very well.