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Natural Social Contract Annotations

Real Estate - Property Entitlement to Space

The reader will only be able to understand the purpose and meaning of this annotation and its relationship to the Natural Social Contract (NSC), if s/he has first read the Introduction section of the NSC and its explanatory and elucidating annotation.

1) Real Estate is defined as a creation from a mere volume of space to keep it distinct from other Material Existents within the boundaries of that space. This separation has roots in common usage, since land has often been Owned without the Ownership of water, oil, lumber, mineral, trapping and other contents or uses of the land. In fact, Ownership of land rarely includes complete Ownership of all water within its boundaries at any given time. To allow for such joint use of Real Estate and for other reasons which are Beneficial to all Freemen, Deeds of Entitlement to Real Estate are Required by the NSC to have Stipulations and Covenants of the type and kind described in the section of the NSC entitled Ownership, Abandonment, and Property Entitlement of Ownership and Possession. In general, such Covenants are the method by which all concerns relating to pollution or dumping will be handled. See the definition of Abandon for more detail. However, Covenants are not limited to be only used with Real Estate, but may also be used to specify some condition of use, control, disposal, etc. within the transfer Contract of any Property, as long as the Parties to the Covenant are defined and in full agreement, and there is either a Termination method for the Covenant Stipulations or a method by which Perpetual Agents are defined and created.

2) The biggest existential problems with respect to Real Estate (although perhaps not the commonest practical problems) are to specify the following in a manner that is optimal for the Social Meta-Needs:

  1. the vertical limits of the boundaries of Real Estate, and
  2. the Requirements, in addition to pure boundary Registration, of Property Entitlement to Ownership, particularly when the Real Estate is initially being created from a volume of space or from Abandoned Real Estate.

Part of the reason for these considerations is that there clearly is some limit to the types and amounts of volumes of space for which a Freeman can acceptably acquire Property Entitlement (ie. can transform into Real Estate) - a limit beyond which the Social Meta-Needs would not be met because the Lifetime Happiness of Freemen would not be compossibly maximal. For example, it would not be optimal to agree that a Freeman has Property Entitlement to the whole Moon (or even a star newly discovered by hir) merely because s/he is the first one to Publish this Information. Therefore, as with every other Existent which a Freeman Owns, s/he or an Agent must first have become a Possessor in some manner of the Real Estate that s/he wishes to Register. The necessary conditions to establish Property Entitlement which solve these problems including the conditions that make some Existent Ownable are stated in the section of the NSC entitled Ownership, Abandonment, and Property Entitlement of Ownership and Possession. Another illuminating way to understand the situation with Real Estate is to think of it not as merely a volume of space, but as a Connection between a volume of space and a particular Freeman (its Owner or Possessor) who is Entitled by all Freemen to do certain things with that volume of space that other Freemen do not have such Entitlement to do. Since it is a Connection, there must be an Initiating Connection Process which creates the initial Connection Attributes. The definition of Property Entitlement has been designed to capture just such a notion, and the Requirements for acquisition of Property within the NSC state the minimal criteria for such an Initiating Connection Process.