Climate change and land law

This chapter examines the legal implications of climate induced changes to land — both in terms of how such changes affect property rights and the potential for land law to support climate change mitigation and adaptation objectives. Part 2 outlines some foundational principles of land law and, departing from the traditional scope of most real property law textbooks, explicitly links land law to environmental and planning laws. This integrated approach recognises that land law operates within a broader regulatory framework that shapes the exercise of land rights in the context of climate change. Part 2 explores how land law is already evolving in response to climate change, including the emergence of new forms of property rights — such as solar access and rolling easements — and the growing influence of climate considerations in land use planning decisions. Part 3 turns to future-facing developments, focusing on the legal treatment of climate related risk in mortgage lending, the disclosure of climate risk in property transactions and the role of land law in facilitating managed retreat. Together, these sections demonstrate how land law is both shaped by and shaping society’s response to a changing climate.