The Labor Theory Of Property Does Not Mandate Easements

Abstract

Some libertarian theorists advocate for recognizing easements by necessity. In specific circumstances they would guarantee the right of passage through the land that is already owned. One popular argument in favor of such easements concerns a situation where landowners’ exercise of their property rights prevents others from entering non homesteaded areas and taking them into ownership. The argument holds that a firstcomer who mixed labor with some parcel that blocks access to unowned land de facto owns that land as well. It is argued that such a property right is self-contradictory because the only legitimate method of original appropriation is labor mixing and the firstcomer actually acquires the virgin land without doing so.  Easements of necessity are then postulated as a means to rectify this alleged contradiction. In the present paper this argument in favor of easements is examined and refuted.