Abstract
From its feudal roots in seisin, fee simple ownership—originally symbolized by the transfer of dirt from one owner’s hands to another—has enjoyed an almost mythological status. America has rejected most meaningful differences between the property use rights of a fee simple owner and those of a nonfreehold lessee, yet we have clung to to the notion that a man’s house is his castle. This idea has become a partial reality as we have perpetuated it, albeit far from perfectly, through our laws. It has been sorely tested, however, as nearly one-fifth of Americans have contracted for detailed and seemingly intrusive private governance of property through condominiums and private subdivisions (private communities). In response to this threat to our cherished ideal, there have been loud, persistent, and sometimes-successful calls to rein in the perceived injustice of these proliferating private regimes.
Recommended Citation
Wiseman, Hannah J.
(2012)
"Rethinking the Renter/Owner Divide in Private Goverance,"
Utah Law Review: Vol. 2012:
No.
4, Article 7.
Available at:
https://dc.law.utah.edu/ulr/vol2012/iss4/7