The Property Right to Voice

Avital Margalit, Shai Stern

Research output: Contribution to journalArticlepeer-review


Should property owners have a unique right to express their opinion just because they own property? While current law recognizes owners’ rights to express their voices in certain instances, it does not provide comprehensive and coherent answers to this question. This article provides an analytical framework for recognizing the owners’ right to voice as an independent property entitlement within the owners’ property bundle of rights and delineates its boundaries. Yet even when the owners’ voice is property-dependent, there is a difference between voice that facilitates the realization of another property entitlement (such as the right to exclude, use, or trade) and voice that is constitutive to ownership in and of itself. Only the latter instances justify recognition of the owners’ right to a voice as an independent property entitlement. By examining different branches of both tangible and intellectual property law, such as inheritance law, eminent domain, homeowners’ association law, zoning law, and copyright law, this article demonstrates the usefulness of the proposed analytical framework in explaining certain parts of the current law and suggests modifications of other parts.

Original languageEnglish
Pages (from-to)167-197
Number of pages31
JournalCanadian Journal of Law and Jurisprudence
Issue number1
StatePublished - 28 Feb 2024

Bibliographical note

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© 2024 Cambridge University Press. All rights reserved.


  • Democratic participation
  • Freedom of speech
  • Private law theory
  • Property rights


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