Article 8 Respect for the Home: A Human Property Right?

Abstract

Property lawyers have long treasured the certainty of a closely guarded and limited list of property rights that are capable of affecting strangers. Occasionally there have been signs that the list might be extended. The latest challenge to the certainty of a closed list of property rights comes from the human rights enshrined in the European Convention on Human Rights and Fundamental Freedoms (ECHR) now incorporated into domestic law by the Human Rights Act 1998 (HRA). Commentators have noted the possible effect of the HRA upon property rights. They have speculated that the incorporation of the human rights enshrined in the ECHR, particularly Article 8, may provide a new form of property right. For instance Gray and Gray raise the question of whether ‘[t]he human rights recognised by Article 8 effectively engrafts a “new equity” onto the property relationships of citizens?’

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