THE right to own, and protection for, private property is found under article 17 of the Universal Declaration of Human Rights which states: "Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property." Liberty Victoria supports, in accordance with the UDHR, the right to own private property and believes that individuals are entitled to:

• control and use of property
• the right to any benefit from the property
• a right to transfer or sell the property, and
• a right to exclude others from the property.

In recognising these rights, Liberty Victoria acknowledges that such rights must be exercised within the bounds of the law. Liberty Victoria further acknowledges the government may apply the following limitations on the use of private property:

• that a person’s right to private property not unreasonably interfere with the property rights of another private party and their right of quiet enjoyment and privacy, and
• that the use of private property not unreasonably interfere with public property rights, including uses required for public health, safety, peace or convenience.

This is consistent with s 20 of the Victorian Charter of Human Rights and Responsibilities which provides:
A person may not be deprived of his or her property other than in accordance with law.

Private property rights are also implicitly recognised in s 51(xxxi) of the Australian Constitution, which confers power on the Commonwealth Constitution to legislate for the acquisition of property, but only “on just terms”.

Property rights are not confined to rights to private property. They include cultural and communal rights of the kind recognised is native title in Australia. Such rights extend beyond interests in land to community-owned art, folklore and traditional remedies. However there is currently no legal protection for such rights.