I don't subscribe to the notion that you have an inviolable right to do whatever you want on your property. I'm comfortable with not being able to build a 100 foot high fence as it may block your neighbour's views...The 'notion' being argued against in that extract is a straw man. The notion being suggested, by me at least, is something quite different.
But first, an introduction: let me tell you about something called 'freedom.' Freedom in this context means to be free from physical coercion; in other words, having political freedom means that you're free to do whatever you're able and whatever you damn well please as long as you don't initiate force against anyone else. My freedom ends, in other words, where your nose begins. In this respect you might call your neighbour's nose your 'side-constraint,' just as his nose is yours -- which meams some of us do get more freedom than others.
Now, under common law, which is what I would propose to repair to once the RMA is abolished, you have the secure right to peaceful enjoyment of your property. And as both you and your neighbour would enjoy that same right, his right of peaceful enjoyment is your side-constraint. Your freedom ends where your neighbour's peaceful enjoyment begins. The 'side contraints' for land use under common law require you to take account of, among other things, your neighbour's rights to light, to air, to support, and to road access and the like. These are significant side constraints, but they are both objective and reciprocal -- your neighbour is equally constrained to recognise your similar rights.
So how are neighbourly issues resolved under common law? How for instance might I ensure my view or a neighbour's tree was retained? Voluntarily, as I explained here.
Voluntary agreements and the use of easements and covenants is the key. If, for example, I want to protect my existing view over your land, then I can negotiate with you to buy an easement over it for that purpose, and that easement would be registered on the title, and legally protected. It might be that my neighbour doesn't want money; it might be that he values very highly the stand of trees on my property. How highly? Highly enough perhaps to ask for a restrictive covenant over those trees to be registered on my title, in his favour. We shake hands. We have agreement.And no room for the Jackie Wilkinsons of the world -- or, at least, no house room for them.
We each have want we want, we each have security over what we want, trees and view are both protected, and not a bureaucrat or resource consent was needed to do it--just common sense, the tools of common law, and respect for each other's property rights. Sounds pretty good, doesn't it.
LINKS: Tree chopping - Kiwiblog (DPF)
The 'right' to a view - Not PC (Peter Cresswell)
Cue Card Libertarianism - Freedom - Not PC (Peter Cresswell)
Cue Card Libertarianism - Common Law - Not PC (Peter Cresswell)
TAGS: Common_Law Conservation Environment Property_Rights RMA