Bundles of Sticks
In legal theory, property rights (including ownership rights) are frequently described as sticks, which people own in bundles more or less approximating complete and unrestricted ownership of all rights to a property. Most online games don’t approach ingame property that way – essentially giving the “owner” full ownership and letting them set up their own permissions. SBS (and I think this is cool) is doing something more like real life – allowing for a gamified experience of something very like real life property title, lease, profits, etc.
These “sticks” are frequently divided as follows:
Ownership (Although this can often be further divided between surface rights, mineral/subsurface rights, aerial/overflight rights, cotenancy (shared ownership), corporate ownership, etc. Further, many of these can be given away to others – who become owners, sometimes co-owners with the original owner, or tenants, with a temporary right based on contract and not ownership.) In America (the legal system I am familiar with), the Rights of Owners include (subject to alienation):
Entry (right to enter)
Possession (right to use and enjoy)
Title (official recognition of ownership)
Exclusion (right to keep people off – protected by trespass law)
Encumber (right to mortgage or otherwise subject to lien, sometimes involuntary result of voluntary actions (such as hiring a contractor and then not paying them))
Alienate (sell) (in whole or right-by-right). This includes subdivision -- both dividing the property into smaller pieces and selling or giving away all or part of it for some limited time or for some limited purpose, meaning that it would come back to the original owner or their heirs at the expiration of the time or if the purpose ceased to apply.
Lease (alienate a right provisionally and temporarily, usually in exchange for rents)
Subdivide (sell off part but not the whole of the land)
Covenant (agree to some contract limiting the use of the land – such as agreeing not to use it for some purpose or agreeing not to exclude someone from some part of it (called an “easement”))
Resource rights – including mineral rights, water rights, gathering rights, grazing rights, and hunting rights. Farming is not usually considered a resource right – but a use – because the products of farming are the result of labor rather than naturally occurring things extracted through labor.
Public rights (reserved to some or all of the public). (An example of “some of the public” often includes indigenous rights reserved by treaties with the native tribes that historically occupied the land):
Entry (for instance, some places (although not usually in the US) have implied roamer routes where the public have the right to walk even if on private property; this is a limited restriction on the right to exclude). In America, this often applies to beaches, with exceptions – and members of the public can usually walk along beaches (although some beaches are legally private).
Limited Possession -- Public rights of way and even some private (favored) rights of way (like railroad rights) fall under this. In COE, county roads could – and road expansion through a parcel may be something that could and should be reserved by the count. Public utility rights and routes also fall under here.
Emergency/Necessity (this is usually a right to shelter from a danger for a limited time, and is a limited restriction on the right to exclude)
Guest rights (some places (more historic than modern) have made housing and feeding guests a duty of property ownership)
Resource rights – in “open range areas”, there is a public grazing right on private and public land (for instance); indigenous people’s rights often fall under this category – including reserved fishing, shellfish harvesting, and hunting rights. (For instance, my family owns tideland, which has naturalized shellfish beds (of both native and non-native species), but which we do not use as a shellfish farm. We do not have the right to keep members of the local tribe (the tribe that historically harvested clams and oysters on our hand) from harvesting shellfish on our beach, and we don’t, even though we have a special kind of title (pre-statehood title) that allows us to exclude members of the general public from our beach out to the “lowest low tide.”) Hunting rights could be an interesting case for COE. I hope that there is a “royal forest” or “traditional hunting ground” mechanic through which, for instance, a swath of land can be designated as the reserved hunting ground of the Janoans and it could be restricted such that, even if owned by a player, that player cannot build on the land in a manner that interferes with the hunting or reduces the game population.
Reserved community or other contractual rights – for instance Homeowners Associations are often created (often must be created as a requirement of subdivision law) to provide contractual, quasi-governmental restrictions and rights on property. Another example is called a “profit” or “profit a prendre” – which allows a person to enter and harvest, mine, hunt, farm or graze another person’s land – often created by a contract allowing such limited use for a limited time but not allowing the extent of use and exclusion given to tenants.
Government rights (often implied by the very nature of government, rather than “reserved” to the government when government owned land (and all land starts as government owned in this theory) is sold or given to some citizen. (The idea is that the government has these rights because it is a government; but it may also have other rights because it was the original owner and it kept them when it gave or sold the other rights – and this distinction is a critical one when considering Ancestral Lands, however SBS has them work):
Right to Tax – the government can tax both real property (the ground) and personal property (crops or moveable things on the ground), and many different kinds of taxes have been tried. This is very different from rents – which is what I think is the default way for counts to get money from the land. In fact, it makes sense for the right to tax to be reserved to the king (or maybe to dukes), while counts have to generate revenue by reserving rents when they sell or give land to people. That’s not how many people seem to think it works in real life, but, as a legal matter, that is how it works. Cities and counties don’t have an inherent right to tax (usually). Rather, they are given that right by the state through a statute transferring some of the state’s power to tax to the local government. The Federal government has the power to tax through the “tax and spend” clause in the Constitution. States probably reserved the right to tax from their colonial powers through the 10th Amendment.
Right of Condemnation/Eminent Domain (This is arguable – and may be a reserved ownership right that acts like a reversionary interest in a property sale (when a person transfers ownership to another person as long as they meet certain conditions – often found in deed giving land to the government to build a park, which revert to the heirs of the giver “if the land is ever used for a purpose other than that of a public park”).) This is the right of the government to take private property away from its owner. The default is that is done without compensation – although the U.S. Constitution requires compensation. I think it would be interesting to have this in COE – as it raises the stakes of tyranny and the “overthrow the tyrant” gameplay. The adverse possession mechanic might get there – and condemnation might work by simply having the government occupy the private property and exclude the owner (or, if we have a prison mechanic, imprison the owner) until it is adversely possessed.
Right to foreclose – operates like a mortgage, but as an involuntary lien, often one that the owner did not do anything to bring about other than violating some background law (such as failing to pay taxes (tax foreclosure) or allowing illegal activities onsite (seizure and sale of drug properties)).
Police powers – this is the right of the government to restrict private action (including use of private property) for the benefit of the “health, safety, welfare, and morals” of the community or of individuals in the community. This includes laws against nuisance uses (noxious, dangerous, or criminal activities on land). It also is the basis for many environmental restrictions (protecting wetlands, endangered species, etc.).
Planning and Development restrictions – including lot size requirements preventing infinite subdivision of land into utterly useless “postage stamp” lots and preventing nuisances before they arise by keeping chemical plants away from elementary schools and such.
Tenant rights – an interesting hybrid.
Tenants are an interesting hybrid. They don’t own the land, but they generally have the right to exclude the owner from the land (possibly subject to some reserved right of the owner to enter and inspect to make sure the tenant is not damaging the property (committing waste) or engaging in some prohibited activity (something illegal, or a nuisance, or just something prohibited by the lease). Tenants generally receive something that acts a lot like ownership in exchange for payment of rents. Tenants usually receive all the rights of the owner (or some large part of them) other than title. (Tenants even can have the right to encumber or mortgage the property if the lease authorizes it – and they have the right to use their tenancy as security on a loan if it is transferable (although it usually isn’t transferable and is usually too easily terminated to be useful as security on a loan)). I think that most “ownership” of county lands and most “taxes” paid to counts will actually be better thought of as “tenancies” and “rents.”
TLDR -- brief summary of approximately 2/3 of a semester's worth of American real property law.