Reply To: Contracts have same problems as Constitutions?


The consent issue wasn’t really my primary consideration, but it does seem important.

Restrictive covenants are the only mechanism with which I am familiar for making collective decisions about property usage (e.g., zoning, Homeowners Associations, apartment complexes with common areas, etc.) in an anarcho-capitalist society.

In such a society, I imagine that over time, most properties would have some kind of restrictive covenants attached to them, except maybe in undeveloped areas.

In such a society, if you accept title to a property — or accept a rental agreement — or in general, if you accept the terms of usage of any given property — then you are giving consent to the restrictive covenants associated with those properties. Even if you didn’t read the contractual details, you are still giving implied consent.

So if you are born into a developed area and either own property or use property in that area, you are giving consent (explicit or implied) to all the restrictive covenants involved in those properties.

Is this correct?