Owner of Real Estate and Responsibility for the Environment
- Buying an apartment in Israel
- The Sales Contract
One can even exaggerate and say that a landowner has responsibilities towards his environment and towards the society in which he lives, and therefore the landowner has many obligations unless otherwise provided.
Human beings are rooted in a social community and other ongoing give-and-take interactions.
These relationships are (at least to some extent) an excellent normative source of obligations towards those who live, work, or are otherwise affected by their property even if these obligations are not anchored involuntary obligations assumed by human beings or in the fact that these obligations are met to provide them, as individuals, with valuable immediate benefits.
The very fact of belonging to a community imposes a special responsibility. Hence, the ownership of the land, which I am discussing here, is perceived as a source of rights and as a basis for special responsibility towards the community and towards the other members of it.
Frequently, this responsibility is reflected in various restrictions imposed on the landowners (for example, in relation to the uses they will make of the property) for the social interest.
In other cases, it is reflected in the fact that it is not appropriate to compensate a certain landowner for a certain burden imposed on his land (or for a particular part taken) in favor of promoting the public interest.
The test of reciprocity, as described above, attempts to delineate this delicate boundary of community responsibility that does not slide into excessive harm to the private interest.