Property Policy – Theory and Practice of Land Acquisition

Abstract

As the Article 17. of the Universal Declaration of Human Rights, and the Article XIII. of the Fundamental Law of Hungary states: every person has the right to own a property. Therefore—based on the Civil Code Act 5:14, section 1—all things of a tangible nature which are capable of appropriation could be owned. The protection of the right of possession (which is a human and a fundamental right) could be interpreted in terms of the land (arable land) as well. However this is a specific case. Although the native legal persons and the foreign legal and natural persons are basically excluded from the possibility to gaining possession of land, the right of property—in general—is still guaranteed. The right of property shall be regarded as a human right—irrespective of the restriction1 mentioned above. Furthermore, the European Convention on Human Rights provides only for the protection of a previously obtained property, and empowers the states to regulate the usage of goods with regard to public interest and to ensure the payment of dues/taxes or fines.2 The Hungarian legislator shall regulate—based upon section 2 Article P, of the Fundamental Law—the acquisition of ownership of land (and the forest), as well as the limits and conditions of its utilization in a cardinal Act. In this perspective, my aim is to outline—with historical view also—the title rights, methods and limits of acquisition and utilization of land, namely, how and with what restrictions it has been and is possible to acquire the ownership and right to the use of land under legal regulations.