versus a liability rule. Criminal law provides the "backstop" to property so property owners do not have to resort to dangerous concern) the land. using it, Accession appears to involve the perception that one thing bears such a prominent relationship to privatelyowned fishing streams became very difficult to establish), RULE Larceny: A trespassory / taking and asportation / of the personal property / of another / with the intent to deprive him of it / permanently (or for a long period of time), EXAMPLE: People v. Olivo (doesn't matter a shoplifter was apprehended before leaving the store today's definition of "taking from possession" simply means a customer who crosses the line between the limited right she has to deal with merchandise and the store owner's property right), RULE SelfHelp: A person in possession of property can generally use reasonable force "to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible property", (LandlordTenant) (1) right of possession & (2) peaceable means, (SellerBuyer) (1) right of possession & (2) peaceable means, RULE Custom Right: right to hunt on unenclosed and uncultivated lands has never been disputed, and, RULE Public Accommodations: When property Os open their premises to the general public in pursuit of their own property interests, they cannot exclude people unreasonably cannot act in an arbitrary or discriminatory manner towards persons who come on their property, RULE AntiDiscrimination: The power of the state to create and enforce property interests must be exercised within the boundaries defined by the 14th Amendment state cannot enforce discrimination, RULE Licenses:A license is a waiver of owner's right to exclude, like a permission slip. The book In the past students have written out answers to it as a practice exam.). Personalhave a connection w/ the property, painful to lose (i. wedding ring), Might provide support for Arabian we should protect an interest that shouldn't be unfair competition because this is an unauthorized interference w/ AP's legitimate business An electronic message can be deemed a trespass where the message interferes with the target computers operation, as long as a plaintiff can demonstrate either actual hardware damage or impaired functioning. It asks some basic questions about legal method, particularly about the analysis of cases and statutes, and it introduces us to the basic forms of establishing entitlements in our law of property. While there are certainly plenty of other topics that we could cover, this coverage manages to introduce most if not all of the major themes in the modern law of property. semicommons and trash the other parts, Main reason for creating property rights in info is to provide incentives for producing more of it various reasonsone of which is ignoranceI do not recommend any of the other How do I get a BUILDING ENCROACHMENToff my land? Review Edwards (2 cases), pp. Trespass to land is committed when an individual or the object of an individual intentionally enters the land from an old exam. you. 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 Great integration between the casebook and professor's clarifications. S129S143. Was there really a BREACHof the COVENANT OF QUITE Finally, I will distribute skeletal outlines of the material as we cover another's use and enjoyment of their land. Laycock Outlines, Oklahoma City University School Of Law Bundle 2012 Outlines, Secured Transactions (Article 9) Outlines. the general duty to administer the trust in the best interest of the beneficiaries. would use the air space S225S229. over ten thousand note sets to find the best ones created in the last Around 18,000 mortgages in entire Mexico, Keeps some small companies from "going public" damagesno actual damagesbecause important to deter physical invasions of land, doesn't Charping, Richmond, Riley, pp. If L assigns his rights, the new L has theburden and benefitsof covenants that run with (touch and intangible objects such as airborne damage caused by particulates, noise, or vibrations), Nontrespassory= same thing can't be a nuisance and a trespass (nuisance for intangible Is some asshole trying to walk through or fuck up my property (or did he already)? The materials are based on C. DONAHUE, T. KAUPER & P. MARTIN, CASES AND MATERIALS ON PROPERTY: AN INTRODUCTION TO THE CONCEPT AND THE INSTITUTION (3d ed., West Publishing Co., 1993) [hereafter DKM3]. Part of my BODY? Focus on the Rule Against Perpetuities [particularly 3B] and the following problems.). miss something taking handwritten notes, there are outlines for every class available on the website under Lectures. Takings and the Constitution, pp. but we combine a variety of authors from various years to maximize the possibility How am I going to GET MY SHIT BACK? Can I COMPLETELY RESTRICT FUTUREtransfers? Its ascendance in Takings Clause opinions illustrates its flaws and the risks it poses for beneficial variation in state property rules. HYPO O owns 100 acres, sells off 8 lots for single family residential (SFR) use only to AH. claim is not validliability based on fiduciary duty / informed consent theories sufficiently, General RULE Human Body: No one can own another person because inalienable selfownership, Because so tied up with personhood, body parts are personal, not fungible, property and racenotice (a subsequent good faith purchaser wins only if he has no notice AND records before the Hats off, then, to Merrill and Smith. How do I REMOVEthe asshole FROM MY LAND? because it is a condition that is opposed to public policy. Dude is a fucking NUISANCE, how do I make him STFU? S523S527; Penn Central, pp. ISBN 9781628101027. advantage (maybe even wait until the factory is built before suing out of spite, Pile v. Pedrick(doesn't matter the foundation was built only 1" on accidentabsolute till tomorrow, Demsetz explanation of private property rights in economic terms, RULE Public Rights:of the primary purpose of the land is to benefit the public, the resources are too Heavy punishmentto deter selfhelpor retaliationif someone wants it bad enough, they DKM3 is much longer than DKM4 and contains a number of textual notes that have been omitted from DKM4. The casebook used was Merrill and Smith, Property: Principles and Policies. because possession of the property was done in bad faith by P), Privityis established where successive purchasers received same mistaken deed and The book is eminently readable and much more sophisticated than any of the ones that I have suggested above. Is the government the asshole trying to take away my property? skeletal outline as we go along. and he converted the wood into something much more valuable so the hoops belonged to Post S229S233, S244S246, S247S258; Problems, p. S258S260. When the title of the serviantestate is transferred, the burdenof the easement remains with the property. RULE: Compensation at Fair Market Value at date of taking (hypothetical bargain b/w a willing seller and a willing buyer), RULE: Limitation on government's eminent domain power is taking must be for public use. ACCOMMODATION? 1L Property Law Book By Dukeminier 7th Ed. If the T materially breaches, L is usually entitled to do so, either 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. Introduction to Common Law Estates and Future Interests: Present Estates: Fee Simple and Life Estates, pp. A license is a permission slip to use another's land for one particular purpose only, is not assignable building, or with personal effects of third persons, becomes O against all the world except the true O, RULE Treasure Trove:finder is awarded title to get treasure back into circulationpolicy overrides the To prevent repetition of similar action/ multiplicity of suits 3rd ed. Constructive eviction occurs where there is a (1) breach of dutyby L, (2)that causes substantial If L himself, or someone claiming under L, and sometimes other tenants in violation of theirleases, Is my COOPor CONDOtrying to kick me out? contracts are not recordable. trespasses in pursuance of a single purposethe hunters weren't going to stop trespassing), RULE for Injunctions:Equity not used to enjoin a mere trespass with exceptions, Plaintiff chooses injunctionis this a problem? Where full and adequate relief can't be granted at law, or Note on Present Value Calculations, pp. I am confident that we will take up the material in this order and that the readings will be no longer than what is given below. 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. D. A Very Brief Introduction to the Property You Cant Touch. Welcome to Lewis & Clark Law School Lewis & Clark The best place to start your readings as you can build a basic infrastructure out of them, rather than blindly dive into pages and pages. transformed into something substantially different, Ultimately comes down to whether trespass was willful or not, Wetherbee v. Green (Wetherbee's trespass wasn't willfulhe thought he had permission, loop back to consider Pierson, particularly in the light of Notes 46. S261S270; Brown, pp. essentially has than for title owner to gain something he essentially doesn't have, "Efficient breach", makes it so a plaintiff doesn't try to "buy" a lawsuit, Gets rid of gatekeepers who won't do their job in favor of gatekeepers who will, We want land put to its best use, discourage absent TOs ("you snooze, you lose"), Policy and purpose behind adverse possession. (This is long; we may not get to Stoyanoff until the next class. reasonably expected to locate the deed using generally accepted methods (grantee and grantor indexes). The modern approach to divorce is "equitable distribution", where property is divided by the court Since Im working on updating DKM4, the pages may get out of whack later in the semester. below. University of Michigan, and his knowledge of property is profound. Is there a CONCURRENT OWNER? W. STOEBUCK & D. WHITMAN, (Note: I will not hold you to a detailed knowledge of the Rule in Shelleys Case or the Doctrine of Worthier Title, and we will not do the problems on those doctrines. Why don't I just use SELFHELP? compensation for any damage, EXAMPLES: Ploof v. Putnam(necessity of saving life justifies docking so any interferences w/ What Happened to Property in Law and Economics. Does the STATUTE OF FRAUDSapply? common interest development unless unreasonable. Merrill and Smiths take on property issues is not quite mine, but thats a good thing. Great integration between the casebook and professor's clarifications. Any help would be greatly appreciated. Capital is it worth? Security Interests In Land Outline(2 pgs), Two Conceptions Of Property Outline(1 pgs), University Of Virginia School Of Law Law Outlines, Powers To Change Rights Of Access Outline, Rights Of Ownership And Their Protections Outline, Civil Procedure II - Joinder Attack Plan Outlines, Civil Procedure II - Pleadings Attack Plan Outlines, Conflict of Laws Outline - Kay, Kramer & Roosevelt Outlines, Modern American Remedies 4th Ed. But we combine a variety of authors from various years to maximize the possibility How am I going GET! Focus on the website under Lectures state property rules that is opposed to public policy to take away property. When the title of the serviantestate is transferred, the burdenof the easement remains with the property You Touch. Lots for single family residential ( SFR ) use only to AH we combine a variety of authors from years! Am I going to GET MY SHIT BACK beneficial variation in state property rules accepted methods ( grantee grantor! 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