Land, Property and Urban Planning

Abstract

One of the most pressing issues of present times is climate change. With over 55% of the world population living in cities, the question is particularly relevant for urban settlements, and how to consolidate environmental justice in such scenarios. How shall the rule of law approach the matter? It will depend on each place's specific environmental, social and cultural elements, keeping in mind the most needed safeguard of fundamental rights. One of those is property. How does property, underpinning land use and urban planning law, relate to such challenges? This chapter aims to provide an introductory theoretical overview of real (land-related) property and climate change. (Henceforth, by “property” we will be referring to real property). We argue that the impact of property rights on mitigation and adaptation to climate change can be both positive and negative. These will differ across different property rights and planning law regimes in contending with the challenges of climate change.