Re: Freedom
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that neighbor pays you money for the right to block the sunlight. or you pay him to cut his tree down. any kind of bargaining really.
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I don't doubt that in practice this would happen, in fact I agree with it. What I believed though is that ultimately and in the default, this would be looked at as a violation of property rights (this meaning say eccessive noise, or a foul smelling plant) at least according to the libertarian position. Is that incorrect?
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alternately, when the neighborhood was constructed and indvidual lots were sold, contracts could have been setup from the get go that the owners of the lots agree in advance to a certain tree policy. so only people that voluntary accept their sunlight being blocked move in. at first glance this seems like a rip off of locke and his social contract theory however this has a critical difference. that difference is that these contracts are actually voluntary, nobody is compelled into conforming to the society norms, people group together and voluntarily accept norms.
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I also agree completely with this solution.
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