Abstract
Currently, it is unclear which area of law applies to real estate- backed cryptocurrencies: real property law or securities law. Depending on which area of law applies, various effects will follow that impact the crypto industry, including property tax administration, virtual real estate rights, digital rights, and regulation. Until legislators or regulators, or possibly both, decide otherwise, it is most advantageous to apply securities law, because regulatory frameworks and infrastructure exist. Surprisingly, very little research has been conducted in this area, especially relating to regulation administration. This paper calls for further research into the specific industry of real estate-backed cryptos and encourages legislators and regulators in the federal government to assert regulatory dominion over this sector to promote cohesiveness, consistency, and efficiency. This paper raises four specific areas that demonstrate why federal legislators or regulators should apply securities law: (1) property tax administration, (2) virtual real estate rights, (3) digital rights, and (4) regulation.
Last Page
33
Recommended Citation
John M. Beaman,
Why Securities Law, Rather Than Real Property Law, Should Govern Real Estate-Backed Cryptos,
32
Rich. J.L. & Tech
1
(2026).
Available at:
https://scholarship.richmond.edu/jolt/vol32/iss1/1
