Property Rights
Information
The Constitution (Bunreacht na hÉireann) declares that Irish citizens have a right to own property. Broadly speaking, Article 40.3.2 pledges that the State will vindicate the property rights of every cititizen. This means that you have a right to own, transfer and inherit property. You also have the right to bequeath property upon your death. The State guarantees to pass no law to abolish these rights.
Article 43 acknowledges that these rights ought to be regulated by the principles of social justice. This means that the State may pass laws limiting your right to private propety in the interests of the common good. If the state passes a law that restricts your property rights, it may be required to compensate you for this restriction.
Examples of restrictions or limitations on your right to own property include town and regional planning, protection of national monuments, compulsory acquisition of land and property taxes.
You can view the full text of the Irish Constitution (pdf) here.
The All-Party Oireachtas Committee on the Constitution published a report (pdf format) in 2004 examining the Constitutional articles dealing with private property.
Language
Related Documents
- Fundamental Rights under the Irish Constitution
The Irish Constitution recognises and declares that you have certain fundamental personal rights. These rights are natural human rights - they come from being human and are confirmed and protected by the Constitution. - Equality before the Law
Equality before the law, as set down in the Irish Constitution. - Right to Freedom of Assembly
The right to freedom of assembly, as set down in the Irish Constitution.
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.