Property ownership refers to holding of the bundle of entitlements pertaining to an individual or an entity, with respect to a particular thing. The entitlements that vest in such a person entail the right to possession, use or control, quiet enjoyment and disposition of the property in question.
The government has the right to restrict anthropogenic uses of property. This is informed by the fact that it is the sole entity vested with police power inherent in attaining universal public good that cannot be provided by forces of private markets. In addition, it is the government that provides the fundamental foundation upon which private land uses are made possible. Owing to its capital base, the government establishes such crucial infrastructure as transport without which the exercise of property rights is impossible. Free market is not endowed with such a capital muscle. Moreover, the buck always stops at the government. Being the institution that will have to grapple with the undesirable consequences of natural forces of violence and power associated with a free market, it holds the right to restrain such a market.
Therefore, the government being a system of authority from which all the bundle of rights emanate has inherent right to restrict land uses. In any case, the existence of a free market is entirely pegged on the existence of a stable government.
A landowner has the right to seek redress when a neighbor engages in activities that harm neighbors or the community at large. Quiet enjoyment of property is one of the salient tenets of the bundles of right pertaining to property. A person’s right to control and use of his property ends where such a use becomes offensive to his neighbor. Anything beyond that amounts to an infringement on the right to quiet enjoyment of property. Such a wrong is not to be without redress.