Great integration between the casebook and professor's clarifications. S104S106, making use of the analysis suggested by Hohfeld. ), Maitland, Tapscott, Winchester, pp. Students also viewed Office hours are for talking about life. DKM was designed to be taught out of order. Competing principles of acquisition cases turn on which of two rival claims of possession the court finds more compelling in given circumstances and context GENERAL RULE is finder wins, but LO prevails in certain exceptions: RULE Landowners vs. Finder/Trespasser: LO has constructive prior possession of things found on his land as against trespassers, RULE Treasure Trove: finder is awarded title to get treasure back into circulation policy overrides the general rule (also assuming illegality on part of LO), RULE Public Rights: of the primary purpose of the land is to benefit the public, the resources are too public to be parceled out to private ownership, Navigational Servitude = public has a right of navigation to navigable airspace and navigable waters, RULE Navigable Airspace: "flights over private land are not a taking, unless they are so low and so frequent as to be a direct and immediate interference with the enjoyment and use of the land", EXAMPLE: United States v. Causby (lowflying military airplanes causing chickens to not lay eggs qualifies as a taking because there was direct injury to Causby), Public Trust Doctrine: state responsible for protecting the public's right to use navigable waters, even when the land below the water is privately owned; state cannot relinquish power to private parties EXAMPLE: Illinois Central RR v. Illinois (extended public trust doctrine to waters that are nontidal but navigable (i.e. liable to L and Toldbecomes secondarily liable. Then well move on to Hayes. Did my tenant SUBLEASEhis right to occupy? Future Interests: Remainders and Reversions, pp. Scribd is the world's largest social reading and publishing site. deceased nor her parents consent to the taking in Newman, "Property" right under DPC is not the same as "property" under conversion law. The casebook used was Merrill and Smith, Property: Principles and Policies. the past most students have come to some of them; a few have come to all or For this class you might want to ask whether Livingston, J., was correct when we says we are without any municipal regulations of our own (p. S9), in the light of the paragraph on the New York statues prior to Pierson (p. S38), and why Tomkins, J., is convinced that the English positive statute regulations (p. S7) are irrelevant to the decision of the case, in the light of the material about the English law on pp. Judges determine how property will be used best, RULE Governance:focuses on particular uses of resources, and permits or prohibits uses without Our founder, an Oxford law graduate, compared Does the STATUTE OF FRAUDSapply? They usually last about 45 minutes or an hour. ISBN: 9781599415765. . (Class will begin with Keeble and will then will schedule weekly question and answer sessions probably after class on Fridays. restitutioncan be viewed as a way for vindicating rights in property , Where the injury isirreparable, or Property rule encourages people to talk it/courts wont enforce, Property RULE:right can't be taken away unless you give consent (except thru eminent domain). Discrimination in public accommodationscant exclude on prohibited grounds if you are A FIXTUREpart of land I got? T. Merrill, Henry E. Smith. Attendance is not required. EXAMPLE:United States v. Causby(lowflying military airplanes causing chickens to not lay eggs qualifies for the course is C. DONAHUE, CASES AND MATERIALS ON PROPERTY: AN INTRODUCTION TO THE CONCEPT AND THE INSTITUTION (tent. By CAPTUREof a wild animal? Bentham, Demsetz, Shelley, Hegel, Flemming, Reich, pp. Trustees have a duty to carry out the express termsof the trust, the duty to prudently invest(do what is Wait a minute, is there a legitimate reason or excuse it. Did I make my land a PUBLIC ACCOMMODATION? The Policy Against Undue Restraints on Alienation, pp. Cross), Educational Research: Competencies for Analysis and Applications (Gay L. R.; Mills Geoffrey E.; Airasian Peter W.), Principles of Environmental Science (William P. Cunningham; Mary Ann Cunningham), Chemistry: The Central Science (Theodore E. Brown; H. Eugene H LeMay; Bruce E. Bursten; Catherine Murphy; Patrick Woodward), Civilization and its Discontents (Sigmund Freud), Forecasting, Time Series, and Regression (Richard T. O'Connell; Anne B. Koehler), Give Me Liberty! ISBN: 9781599415765. The fact that a case is not Did I (or a previous owner) GRANTan EASEMENT,how, and what kind? interferes with T's possession of use of the premises, this is a breach of the covenant of quite enjoyment. Dude is a fucking NUISANCE, how do I make him STFU? 2 different strategies for resolving disputes about how resources are used: Property RULE: right can't be taken away unless you give consent (except thru eminent domain), The core attribute of property is that it cannot be taken without consent; the action of restitution can be viewed as a way for vindicating rights in property , RULE for Injunctions: Equity not used to enjoin a mere trespass with exceptions , RULE Building Encroachments: No universal rule as to injunctions for encroachment, sometimes compensatory damages (restitution), sometimes mandatory injunction (remove ur shit), RULE Restitution: (1) an unjust enrichment of the defendant, (2) at the expense of the plaintiff, (3) under circumstance that are unjust, RULE Possession: the controlling or holding of personal property, with or without a claim of ownership: (1) an intent to possess on part of the possessor, and (2) her actual controlling or holding the property, RULE Capture of Wild Animals: actual possession of a wild animal with its freedom restricted gives property rights, RULE Creation: the first to create some new or novel thing is rewarded with a right exclude others from using it, RULE Ad Coelum: "to whomever the soil belongs, he owns also to the sky and the depths", RULE Accretion: Gradual change in banks bordering running water; boundary remains at the center of the new stream, so owner's area may vary, Nebraska v. Iowa. S164S185. this product before buying. fide purchaser, even though the grantee would not otherwise qualify for this status, with the exception if Did I delivery ACTUAL POSSESSION? using it, Accession appears to involve the perception that one thing bears such a prominent relationship to To prevent repetition of similar action/ multiplicity of suits goods) is not an insurer for the goods but is liable for lack of care to various degrees based on who is A person in possession of property can generally use reasonable force to prevent or terminate an unlawful on a given topic and to give you doctrinal background which is frequently In the first class, S39S47. today's definition of "taking from possession" simply means a customer who crosses the line between or policy. invasions), EXAMPLE:Hendricks v. Stalnaker(water well is not an unreasonable use of land because he (Class discussion in the first half of the class will focus on the questions on p. S178. In deed to A, A promises to use land only for residential purposes; O promises that other land will be similarly restricted. Can I kick my COTENANTout? Can I COMPLETELY RESTRICT FUTUREtransfers? so actionable only in nuisance, if at all Regulations for zoning, environmental protection, landmark preservation do not qualify as takings if (1) they substantially advances legitimate state interests, and (2) do not go too far in destroying private ownerships rights. This essay describes how the in rem nature of property has been largely ignored in the law-and-economics literature and argues that this omission leads to an incomplete view of property. bargain so entitlement goes to def, and the wall stays up, RULE Building Encroachments:No universal rule as to injunctions for encroachment, sometimes S27S32. Enforcement rules more focused on a broad right to exclude than on specific list of rights to use. owner; 5requirements: A finder of lost property is a person who (1) takes controlof the lost property and (2) Pierson, pp. capitalism and class struggle (Marx), but ULTIMATELY: important for understanding what is going on in the principal cases. A) Vessel was abandoned (and unclaimed by owner or insurer) Abandoned = Owner manifests intention to relinquish claim. interferences on land are not trespasses unless they cause physical damage, RULE Trespass to Chattels:applied when there had been no asportation of personal operating the factory) A life tenant is not allowed to take some action that unreasonably reduces the value of the reversionary or course. If the T materially breaches, L is usually entitled to do so, either expressly by terms of lease, or through court action (summary proceedings and damages for holdovers), and perhaps nonviolent selfhelp. The Note on the Reception will not be the subject of much class discussion. Also would result in an absurdity to regulate who owns air space, Need to exercise dominion in order to own the airspace, EXAMPLE:Hinman v. Pacific Transport(no trespass by planes under ad coelumrule The modern approach to divorce is "equitable distribution", where property is divided by the court according to fairness, not based on who has title usually only property acquired during the marriage from the earnings of the parties, but sometimes includes "future assets" such as a J.D. the tree, the bees, or honey doesn't matter they marked it, giving them rights would infringe on Property: Principles and Policies 2nd ed. Product properties Search within the product WTF do I do after tenant ABANDONSthe premises? Why don't I just use SELFHELP? Outlines Login Schools Classes Professors Textbooks Upload Your Profile Help $ Reps $ Bar Outlines Practice Merrill and Smith. The notes are placed before the cases because they help explain whats going on in the cases. Completely anonymous. purposes ofhunting. In the past students have written out answers to it as a practice exam.). Published 17 December 2001. . provide a simple answer. commoditized, Characterization of property becomes difficult when dealing w/ things that are intimately When the title of the serviantestate is transferred, the burdenof the easement remains with the property. All of these attempt But mandatory disclosure may be so onerous, that it: SEC rule that hedge fund managers must register under the Investment Advisors Act (immediately regard to the other attributes of the resource. More controversial is the use of selfhelp to recover property once possession has been lost. Did I ASSIGNmy property? and raise prices, Property right not against the whole world, just the competitor because the gains / SERVITUDE? rightful owner or rightful possessor, Competing principles of acquisition cases turn on which of two rival claims of one during the exam period before the exam. S295S307. Introduction to Common Law Estates and Future Interests: Present Estates: Fee Simple and Life Estates, pp. Final Exam (one hour in-class [short answer questions] followed by Page references are to DKM4 are indicated by S, a holdover from the fact that it began life a Supplement to DKM3. A landlord may legally repossess property with no liability if (1) the landlord had a legal right of possession, Shelley, pp. Finally, I will distribute skeletal outlines of the material as we cover selfhelp in order to enforce their rights. If some right was taken, is it a constitutional taking, requiring just compensation? Neither the Note on Reports nor the Note on the Private Law of Wild Animals Today will be subject of much class discussion, unless you want to ask questions about them. You will be taking concurrently courses in contracts, torts and civil procedure, topics that you will discover are profoundly important for property. What TYPEof RECORDING ACTdid I use? original Oeven if value has changed significantly by addition of labor or money, Enforcing original ownership with liability right(compensation for value Introductory Note, INS v. AP; Feist Publications v. Rural Telephone Service Company, S145S163. Modern economic growth is about intangible property rights in: Predictable and enforceable version of what law calls "property" and "contract" standard student books on property, except for the Gilberts Outline discussed Did you ever find anything? Was the EASEMENTproperly TRANSFERREDto the new asshole? Did he fuck up myPERSONAL PROPERTY? to allow their transfer (right to withhold consent) are property rights, This bundle of sticks qualifies as "property" for due process purposes and the state Free to join. What I want you to do is to get some idea of the various ways in which the law deals either positively or negatively with the marital unit. Did I getJUST COMPENSATION? (This is long; we may not get to Stoyanoff until the next class. Distracts management and the board from corporate strategy. That said, I now briefly identify three issues on which my take is somewhat different from theirs. Riley (contd), Ginsberg, Camelback, pp. Similar to a real covenant, an equitable servitude is a type of court enforced injunction or specific performance against an assignee of the original promisor, where privity is not required, but the assignee must have prior notice (actual or constructive). ), but ULTIMATELY: important for Property out of order rights use... 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