What are property rights? This concept is one that is often difficult to understand and, therefore, can vary in definition. The most complete property rights systems have four underlying qualities: the right to possess a resource or asset, the right to determine its use, the right to sell and receive profits from it or its outputs, and the ability to exclude others from using it. In short, property rights are legal rights an owner has entitling them to the use, benefit, sale, and exclusion of others for a given resource.
An example would be a farmers market, where it is pretty clear who owns what. The farmer owns the tomatoes until a shopper pays for them. The shopper understands they are not allowed to simply take the tomatoes, just as the vendor in the next stall recognizes that they are not his tomatoes to sell. When the shopper purchases the tomatoes and walks away, the tomatoes then belong to the shopper; the farmer knows that he cannot just take them back. This is an illustration of property rights—common understandings backed with formal laws that allow the farmer to exert exclusive ownership of the tomatoes.
Property right arrangements can stretch beyond conventional notions of a single owner possessing a physical object for an indefinite amount of time. It is not only possible, but fairly common, for groups and governments to own resources. Property rights can also be held temporarily and can also be held over something intangible, like an idea. The most important consideration is not ‘who’ has property rights to the specific resource, but that someone, or some organization, does in fact have those rights. These rights can also be held in common, as with a tribe or village.
A clear definition, consistent enforcement, and easy divestment of property rights are paramount to their effectiveness. Clearly defining a resource and delineating ownership is required for any legitimate transaction to be made. Consistently enforcing or defending ones right to the resource is essential to give ownership meaning. Finally, being able to divest (sell off) one’s property is necessary if resources are to be used in the most efficient manner.
At their most basic level, property rights serve as the market’s organizing force, creating rights to resources and compelling resource owners to fully consider the opportunity cost of any actions. A market’s relation to property rights may be thought of as serving a similar purpose to the rules of a football game. If both teams play by standard, well-known rules, there will be less stoppage for penalties and/or explanations. However, the rules are less likely to be obeyed unless a referee—think the legal system—enforces them. A strictly and consistently enforced game will raise fewer disagreements and be significantly more enjoyable to participate in than a lax one. With the rules of the game clearly established, the players are free to focus on playing the game of football. In the market, when property rights are present, entrepreneurs and business people are able to concentrate on being productive, i.e. to develop new products, create new services, and plan for the future.
The issue of property rights can become particularly significant when dealing with environmental issues because many natural resources do not typically lend themselves to clearly defined and easily enforceable property rights. Air and water are good examples in which property rights are not usually well-defined. In these cases, pollution costs may be dispersed across all that use the air and water; a polluter does not pay any more than anyone else for additional pollution emissions. Since the costs the polluter pays is a fraction of the total cost, they have little reason to emit less. Any situation where participants do not bear the full cost of their actions, the extra cost is known as an externality. The establishment of property rights can help to internalize externalities. However, lawsuits are also possible where damages occur. For example, the Valdez oil spill resulted in the polluter paying both compensation for damages and punitive fees.
Similarly, when property rights are not defined, it can lead to a tragedy of the commons. This occurs when resources are degraded because individuals have the incentive to utilize the maximum amount before someone else does. An example of this can be illustrated by saltwater fish stocks, the Atlantic bluefin tuna in particular. Since no one owns the fish, fishermen take until the population is nearly depleted; putting a fish back—even a small one—simply means someone else will catch it. In many cases of tragedies of the commons, environmental stewardship is often not practiced because it is difficult to exclude others from benefiting from the responsible practices. Yet, New Zealand is an example where a system of fishing property rights has been developed in order to reduce externalities.
Solutions to externality or tragedy of the commons problems usually involve the creation of uniform regulation or the establishment of property rights. An argument for uniform regulation, which is often done through inefficient and expensive government intervention, is based on the idea that the marketplace cannot handle externalities or prevent a tragedy of the commons. However, by recognizing the role property rights plays in determining the effectiveness of markets, we can begin to think that—instead of setting a uniform standard or regulation—we should be establishing property rights in order to help create an effective market. When faced with true costs, polluters and others that create negative externalities through the use of their resources will have a stronger incentive to change their behavior.
For example, if a fisherman can devise a way to establish property rights in a section of the ocean, maybe by establishing a fish farm, he then has an incentive to manage his fish population for the greatest personal gain. Fundamentally, when one stands to profit, the choice will always be to use the property to its highest overall value. When the ownership of a resource is clearly defined and there is a defined responsibility for both capturing the benefits and paying full costs, there is little inefficiency in the market. Behavior that is seen as wasteful or inefficient will cease as owners begin to bear full responsibility and cost for their actions. The incentives provided by the establishment of property rights can help to ensure that owners engage in actions that produce positive net benefits for themselves and for society, because those that discover a higher valued or more efficient use of a resource stands to gain further from the innovation.
In summary, property rights allow holders to use, profit, sell, and exclude from a resource. These rights are often thought of as the foundation for efficient markets because they establish clearly defined and enforceable rules. They are particularly important for issues related to the environment because, once established, they can be a more practical alternative to government regulation.
This article by Armen Alchian, located within the Concise Encyclopedia of Economics, illustrates the importance, structure and characteristics of property rights.
Property Rights and Environmental Policy: A New Zealand Perspective
Though specific to environmental issues in New Zealand, this paper provides a good summary of the evolution of property rights and the principals behind a successful property rights structure.
On the Commons
A project of the Tomales Bay Institute, this site is dedicated to exploring ideas and action about the commons—or public goods—can be fairly and sustainably managed.
Property Rights v. Environmental Ruin
This 1994 essay by David Theroux from The Independent Institute, a public policy group, argues for the need of property rights when trying to address environmental problems.
For the Classroom
Lesson Six: Externalities, Property Rights and Pollution
A resource from the Foundation for Teaching Economics, the lesson ties together various economic concepts, including externalities, the ‘commons,’ costs/benefits, and property rights. [Grades 9-Undergraduate]
The Mystery of is it Mine or Ours?
This lesson, from the National Council on Economic Education, confronts the issue of public versus private goods and services, and the role of government. [Grades 6-8]
Alchian, Armen A., ?Property Rights,? The Concise Encyclopedia of Economics from the Library of Economics and Liberty.
Gwartney, James D., Macpherson, David A., Sobel, Russell S., and Richard L. Stroup. Macroeconomics, Private and Public Choice: 10th edition. Mason, Ohio; South-Western College Publishing, 2003. pg 32 -38.
Meiners, Roger E. and Bruce Yandle. ?The Common Law: How it Protects the Environment,? PERC Policy Series, Issue Number PS-13. May 1998.
Nickler, Patrick A., ?A Tragedy of the Commons in Coastal Fisheries,? Boston College Environmental Affairs Law Review. Spring 1999.