Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £9.99
... particular importance for both the people with or without a proprietary interest in land. Many rights exercised by those with property rights overlap with Human Rights. For example an estate owner often exercises an arbitrary right of exclusion, this can be said to overlap with the right to 'peaceful enjoyment of... possessions' under ECHR Protocol no 1 article 4. There is also European protection against takings of property given under the ECHR Protocol 1 Article 1 overlapping with the "principle of our constitutional law that no citizen is to be deprived of his land by any public authority against his will" (per Denning in Prest v. Secretary of State for Wales) which allows only for deprivation "in the public interest and subject to the conditions provided for by law..". This right draws a distinction between deprivation and control of use however it can be argued that severe regulation of land ...