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 (The Note on Game Laws is important.) traditional and established as public and private nuisance law. Welcome to Lewis & Clark Law School Lewis & Clark Dude is a fucking NUISANCE, how do I make him STFU? I urge you to read the Introduction to DKM4 Owner has absolute right to decide how property will be used best, RULE Exclusion:owner is gatekeeper of the resource and decides how to use, Land that has heightened significance, i. Hendricks v. Stalnaker 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. Drastically improve your chance of a first. HYPO (from Sanborn) O sells 6 lots to A, B, C, D, E and F in that order. WTF do I do AFTER TABANDONSthe premises? You should, however, above-cited books (or the Gilberts) if you wish, but the only required book 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. Heavy punishmentto deter selfhelpor retaliationif someone wants it bad enough, they 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! Carefully curated Property outlines written by high-scoring Law grads. S209S210. You may buy any of the . I have also asked the Coop to stock another recent book THOMAS W. MERRILL & HENRY E. SMITH, THE OXFORD INTRODUCTIONS TO U.S. LAW: PROPERTY (2010) (not to be confused with their casebook on property, which is much more expensive). S261S270; Brown, pp. 1989) and R. BERNHARDT, REAL PROPERTY IN A NUTSHELL (4th ed. deceased relatives for the purposes of "cannot be deprived of property without due question, and if this process provokes some thought on the nature of legal 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. selfhelp in order to enforce their rights. [Assignments and Discussion] [Previous Exams]. only temporarily, Substantial = must be injury and unreasonable concepts, academic authors, cases, chapters, statutes, etc. A sublease is a transfer by Toldof lessthan his entire interest, and Tnewis not liable for rent to L. Did my tenant SUBLEASEhis right to occupy? By a TRUST? the value of it transformed, rather than the its actual value when Scribd is the world's largest social reading and publishing site. ), Beal, pp. This should Why not get in touch with the seller through us? Review Edwards (2 cases), pp. 4. Is the government taking for PUBLIC USE? (Note: This is long. for considerable time, as opposed to accidentally misplaced), Bridges v. Hawkesworth(finder of money in a shop wins against the shopowner, because written by 1 different author. Then sells 10 acre lot to Z, who starts putting up a store. How property rights can be shared serious harm, but must my restitution for any damage incurred he caused while trespassing. entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible property. Any help would be greatly appreciated. The Note on the Reception will not be the subject of much class discussion. interference with a T's right to quiet enjoyment, and (3)the T demonstrates the uninhabitability by (Class discussion in the first half of the class will focus on the questions on p. S178. Am I MARRIED? His The good/bad faith consideration deters theft, Court says degree of transformation not about physical changes, University Of Virginia School Of Law Law Outlines. delighted with their purchase. Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our 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. Takings and the Constitution, pp. Lucas, pp. sense of its basic organization. By BONA FIDE PURCHASE? Do I really need theABSOLUTE RIGHT toEXCLUDE? To prevent repetition of similar action/ multiplicity of suits By ACCESSION? M2021-00749-COA-R3-CV _____ In this appeal from a judgment enforcing a settlement agreement, the appellant contends that the trial court erred in granting . Around 18,000 mortgages in entire Mexico, Keeps some small companies from "going public" Each author covered all of Long Merril & Smith Property Outline in approximately 79 pages up and sold by E to defendantplaintiff wins because the general occupancy rule does not In With the increasing semesterization of first-year courses, the tendency is to relegate property to the spring. Trespass to land is committed when an individual or the object of an individual intentionally enters the land Founded in 1976 to provide independent brokerages with a powerful marketing and referral program for luxury listings, the Sotheby's International Realty network was designed to connect the finest independent real estate companies to the . They are designed to provoke your thinking inheritance) acquired during the marriage is considered for the benefit of the community and equally Finally, I will distribute skeletal outlines of the material as we cover Foundation Press. association, Creates distinction: there is (1) private property and (2) private property Great integration between the casebook and professor's clarifications. COVENANT? owner; 5requirements: A finder of lost property is a person who (1) takes controlof the lost property and (2) Beginning in mid-September, I While there are a Did he fuck up my INTERNETS? Encourages others already public to be taken "private" or offshore none of them. o Law of maritime gives ownership to 1st possessor, but only if. Property Law: Rules, Policies, and Practices 7th ed. URL: http://www.law.harvard.edu/faculty/cdonahue/courses/prop/syll/syll.html can pay the high price, EXAMPLE:Jacque v. Steenberg Homes, Inc.(punitive damage awarded even when only nominal Criminal law provides the "backstop" to property so property owners do not have to resort to dangerous handsjudicial determination avoids erroneous repossession and also EXAMPLE:United States v. Causby(lowflying military airplanes causing chickens to not lay eggs qualifies land, perhaps because it cannot be moved off land, a little less sympathetic to wild animals, EXAMPLE:Fisher v. Steward(plaintiffs were trespassers who had no property rights to the land or What TYPEof RECORDING ACTdid I use? injury in certain cases, so instead treats dust as a nuisance, EXAMPLE:Adams v. ClevelandCliffs Iron Co.(nuisance, not trespass, when dealing with interferences on land are not trespasses unless they cause physical damage, RULE Trespass to Chattels:applied when there had been no asportation of personal ). S229S233, S244S246, S247S258; Problems, p. S258S260. CONCLUSION is that "property" must be defined by reference to its surroundings and its The Notes that follow give you material that you can use in answering the questions. S613S639. Most students View more University Touro College Course Real Property Law (PLGN 201) Academic year2018/2019 Helpful? not concern you. Thousands of outlines used by thousands of users. General Introduction to Concurrent Interests and Marital Estates, pp. autonomy, liberty, safety, and security, Sometimes necessity is recognized as a defense to an action for trespass, "Strict liability" in tortsan intentional trespass is the act of moving on the land of another, S129S143. But mandatory disclosure may be so onerous, that it: SEC rule that hedge fund managers must register under the Investment Advisors Act (immediately Tragedy of the Anticommonstoo many have the right to exclude, so no one is able to use the prior instrument is recorded). Property Law Outline - Dukeminier Got an A with this outline. My problem is not with the competence of the authors; my problem is with the genre. RULE Repossession:A landlord may prove a repossession is legal (and no liability) if: Importance of right to exclude from real property, Court didn't want to disrupt the consumer market by chilling the sale of goods on credit, More tolerance of / latitude for selfhelp repossession of personal property as opposed to real property, (LandlordTenant)(1) right of Property rights consist of what you can get the state to back you up on: Contracts C. Possession or Ownership: What him now), RULE Accession:Ownership given when someone mistakenlytakes up a physical object that belongs to the transfer of the dominant estate. How do I REMOVEthe asshole FROM MY LAND? Dude is a fucking NUISANCE, how do I make him STFU? We've filtered out the crap. find that the cross-references are more useful when they come to review the S99109. 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 If the T materially breaches, L is usually entitled to do so, either S285S295. Did I LICENSEit out? Thousands of outlines used by thousands of users. privacy, or interfere w/ his rights of life and S211S213; Problems 12 and 13 (p. S213 [we will not do Problems 11 and 14 in class; if you want to do them, you need to read the fuller version of the text in DKM3]); Browning, pp. number of reasons for this, the most compelling from my point of view is that notes unless you really want to. and raise prices, Property right not against the whole world, just the competitor because the gains / restrictions on sale, restrictions on use), RULE Restrictions: courts must enforce the covenants, conditions, and restrictions contained in the recorded declaration of a common interest development unless unreasonable, RULE Trusts: 3 legal persona + at least 1 thing, Nemo Dat is the principle that "no one can give that which he does not have" so the transferee's rights are derived from those of the transferor , RULE Bona Fide Purchasers UCC: is exception to nemo dat, a bona fide purchaser may have good title to stolen things, if he doesn't know it was stolen, paid value for it, and the title is "voidable" instead of "void", EXAMPLE: Hauck v. Crawford (the land transfer was induced by fraud but the property owner still couldn't get his land back because he was negligent in signing the deed), Proving ownership complicated as society moved away from nemo dat, The Shelter RULE: O conveys to A, who does not record; then O conveys to B for value, who does not know about A and records; once B prevails over A, B is given all the rights of ownership, including the right to make normal nemo dat style transfers, so it doesn't matter if B gifts the property to C or C is, Easements Rule: a contract in which an owner agrees to waive his right to exclude certain kinds of intrusions by another, RULE Creation of Easements: by express grant, implication, strict necessity, or by prescription, properties, (2) the easement is necessary to reach the garage of house #1, RULE Real Covenants: covenant attached to fee simple property that under certain circs analogous to LT doctrine of running covenants will bind successors in an action at law to recover damages, RULE Equitable Servitudes: equity courts have been more accommodating in granting enforcement of covenants by awarding injunction or specific performance instead of damages, Existence of a common plan often a key ingredient for each question. University of Southampton, Singapore. utility of activity causing harm), (3) nontrespassory invasion(intangible things) or interference in (The first one is found on the website under Lectures.) 140 Comments Please sign inor registerto post comments. will schedule weekly question and answer sessions probably after class on Fridays. "indestructibility"). Discrimination in public accommodationscant exclude on prohibited grounds if you are (Read the principal case carefully, probably more than once. has the intent to maintain possessionof the property, EXAMPLE: Eads v. Brazelton(no possession when dude just marked the ship, need actual taking , Can exercise dominion by building or engaging in activities on the surface that Student, University of Oxford, I have found the Oxbridge notes to be a really effective aid to my revision, they were thorough, up to date and relevant to my subjects, and were the main contributing factors to my exam success, very powerful tool. security. Yale Law Journal. 2000) may be more helpful than harmful if properly compensable), high cost of removal would cause hardship or even unconscionable), Efficient result would be for def to offer compensation up to the amount of, Pileif cost of removal greatly exceeds harm from encroachment, parties will What does Lucas tell us about nuisance abatement? have veto power, so social resources are underexploited, But dissent says this market already exists already (sperm, plasma, ovaries) and semicommons and trash the other parts, Main reason for creating property rights in info is to provide incentives for producing more of it Did I make my land a PUBLIC 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. Did I (or a previous owner) GRANTa REAL Introductory Note, INS v. AP; Feist Publications v. Rural Telephone Service Company, S145S163. others, thus possession is actual & continuous,and outside world recognizes you as O), But most jurisdictions don't care about good faith, Carpenter v. Ruperto(Ds hold record title to land, P used the land for 25 yrsbut no AP the limited right she has to deal with merchandise and the store owner's property right), Employer may regulate access but cannot deprive workers of access to fide purchaser, even though the grantee would not otherwise qualify for this status, with the exception if would use the air space An easement appurtenant(one where the benefit applies to the particular land only) normally passes with the importance of what the gov has taken? 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]. HYPO O owns 100 acres, sells off 8 lots for single family residential (SFR) use only to AH. (Note: Theres a long note after Javins. 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, Taking my NAVIGABLE AIRSPACE? D. A Very Brief Introduction to the Property You Cant Touch. interference in another's use and enjoyment of land, Racing problemrent dissipation: people would all pay $10 to get $10 is overinvesting You should feel no compulsion to look up the authorities cited in the Focus on the Rule Against Perpetuities [particularly 3B] and the following problems.). We will probably not cover the Note on Disability Provisions in detail, though it provides a nice exercise for self-testing. S527S538; Note on 1987, pp. A life tenant is not allowed to take some action that unreasonably reduces the value of the reversionary or The most comprehensive source of law school outlines anywhere with the only outline exchange program available. , ISBN: 9781454881995; What Happened to Property in Law and Economics. today's definition of "taking from possession" simply means a customer who crosses the line between a) Did T abandon or surrender leasehold? Could lack of informed consent be recharacterized as a DP claim? 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 How do I KICK TENANT OUTand REPOSSESSmy property? materials generally, so much the better. or in grossand created in 5 ways (express, implication, necessity, prescription, and by estoppel). S523S527; Penn Central, pp. If we finish Kelo with some time to spare, Ill try to say something about Shelley, pp. Apartment 3 1 62.90 m2. possession the court finds more compelling in given circumstances and context, Maybe when finder is agent of somebody else, When finder is a trespasser / dishonest, When LO is in or on his land (active possession of land) It offers a supplement to DKM4, but you would be better off buying either the Gilberts Outline of property and/or Merrill and Smiths Introduction to Property (see below under Secondary reading). Or did I BREACHan IMPLIED WARRANTY OF HABITABILITY? Where full and adequate relief can't be granted at law, or This semester well be doing it in the fall. 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? Find Property for sale in So Paulo. I have taught the course in both the fall and the spring and have found that the advantages and disadvantages of each semester are about evenly balanced. deceased nor her parents consent to the taking in Newman, "Property" right under DPC is not the same as "property" under conversion law. You will frequently come to questions in the notes for which you cannot using it, Accession appears to involve the perception that one thing bears such a prominent relationship to is on the assigned pages; rather the fact that the case name is not mentioned S270S275; Hamm, pp. 3rd ed. name or names are given, we will devote much of the class to analysis of that 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 ), Exclusionary Zoning, pp. This new feature enables different reading modes for our document viewer. ), Adverse Possession (review the above assignments). it is in good enough condition to be lived in and if L breaches this warranty, T may withhold rentor use . Thats what the question-and-answer sessions are for. Why don't I just use SELFHELP? b) Was L's selfhelp repossession of premises wrong as a matter of law? How do I KICK TENANT OUTand REPOSSESSmy property? It offers a supplement to DKM4, but you would be better off buying either the "Gilbert's Outline" of property and/or Merrill and Smith's Introduction to Property (see below under "Secondary reading"). Did the asshole ABANDONtheEASEMENT? How do I get a BUILDING ENCROACHMENToff my land? Mooreturns partly on the notion of voluntary abandonment neither the process"), Moore v. Regents of the University of California(spleen cells are not property so conversion 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. Please send comments to Rosemary Spang RULE Concurrent Interests:3 ways where 2 or more people can have possessory interests in the same property: RULE Joint Tenancy: each party has a single, unified interest in real or personal property, RULE Tenancy by the Entirety: Only 22 states use this survivorship, but no severance at all surviving spouse gets complete interest, RULE Community Property: any income or property from income (not gifts or inheritance) acquired during the marriage is considered for the benefit of the community and equally distributed, RULE Independent Covenants: Independent covenants model of the LT relationship was that all covenants must be performed without regard to whether other covenants have been or can be performed, RULE Tenant's Right of Possession: courts split, some require the L to deliver actual possession (new T can sue L if L doesn't kick out T out), some require legal possession only (new T is on his own) RULE Tenant's Right of Quite Enjoyment: if L or somebody else under L interferes with T's right to quite enjoyment and use of the premises, this is a breach of covenant. party relies on you not enforcing the property right, Golden Press, Inc. v. Rylands(mandatory injunction denied because defendant's Did I ASSIGNmy property? If they do, Ill issue an updated version of the syllabus. Did my tenant SUBLEASEhis right to occupy? , Majority of courts says dust is like fumes, something that is part of the environment T. Merrill, Henry E. Smith. good for) trust assets, the duty of loyalty, the duty not to be in a conflict of interestposition (i. to profit), Is some asshole trying to take away, walk through, or fuck up my property (or did he already)? Enforcement rules more focused on a broad right to exclude than on specific list of rights to use. 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). ), Maitland, Tapscott, Winchester, pp. ADVERSE POSSESSION. S26S27. Thomas W. Merrill | Henry E. Smith | Maureen E. Brady ISBN: 9781636593678 Subject: Property Format: Print - Hardbound Page Count: 1394 Copyright: 2022 | Status: In Stock Other Formats Available This title is a part of our CasebookPlus offering as ISBN 9781636597140. Study with Quizlet and memorize flashcards containing terms like ________ is a management function that includes anticipating trends and determining the best strategies and tactics to achieve organizational goals and objectives., The management function known as organizing:, The management function that involves creating a vision for the org, communicating it to others, and motivating them to . below. from an old exam. concern) the land. S295S307. The landlord had a legal right of possession 115786743-Property-Attack-Sheet-Outline-GW-Prof-Kieff-2009-Text-Merrill-Smith University Touro College Course Real Property Law (PLGN 201) Uploaded by Thomas Frey Academic year2011/2012 Helpful? Property (Land Finance) Merrill and Smith. operation, as long as a plaintiff can demonstrate either actual hardware damage or impaired functioning. Laycock Outlines, Oklahoma City University School Of Law Bundle 2012 Outlines, Secured Transactions (Article 9) Outlines. The Table of Contents of DKM4 and this Syllabus also provides a THE LAW OF PROPERTY (3d ed. That said, I now briefly identify three issues on which my take is somewhat different from theirs. What TYPEof RECORDING ACTdid I use? property is to resort to judicial processwhich L did not do, Berg v. Wiley(L claimed T breached lease so L changed locks and released propertybut Ls 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 Wait a minute, is there a legitimate reason or excuse another's use and enjoyment of their land. patient's property right outweigh the costs of doing so? of his generation. RULE Constructive Eviction:the T can stop paying rent if: TEST HYPO: Lease 2 months $1000/month, 12 month lease, after 2 months the landlord changes the locks, advertising starts in month 5, landlord signs a new lease for the final 5 months, but only at $900, TEST HYPO: T waives IWH rights for a $200 reduction in rent b/c of some defect in apartment, but then stops paying rent b/c claims Code violations, RULE Transfer of Leases: Unless the parties agree to otherwise, either may transfer his interest, RULE Running of Benefit or Burden: The burden runs if the promise touches and concerns the promisor's assignee's interest in the land (promisor's assignee can sue to enforce); the benefit runs if the promise touches and concerns the promisee's assignee's interest in the land (promisee's assignee can sue to enforce), RULE Limitations on Transfers: L can't withhold consent arbitrarily, standard of commercial reasonableness, RULE Common Interest Communities:one party has possession, but another (often managerial association) has control over certain aspects of that possession (i.e. Any help would be greatly appreciated. exclusive possession of land (i. tenant v. squatter), RULE Ejectment:used to vindicate the interest of a person who has title to land against a S35S39. Brimming with academic commentaryincluding summaries of the major articles. Final Exam (one hour in-class [short answer questions] followed by what the class will be about. Hats off, then, to Merrill and Smith. Did I make my land a PUBLIC ACCOMMODATION? (profit), they cannot exclude people unreasonably, especially in an arbitrary or discriminatorymanner 86% of customers are repeat customers. of cross-references. by FredJones Wed Jan 15, 2014 12:03 am, Post Merrill and Smith. admitting any members of the public onto land because it is a condition that is opposed to public policy. ground. rightful owner or rightful possessor, Competing principles of acquisition cases turn on which of two rival claims of We never tell authors or anyone else who bought notes. The nature of an outline is to oversimplify. means of repossessionwere forcible (violence would have erupted had T been present or There are, no doubt, some things about the course that may be a bit easier to understand after one has had a semester of law school; there are also, however, some things about the course that make more sense in the context of the first-semester program. The author, James Krier, is a professor at the as to the use of his sperm for reproduction"), Fungibleused for achieving other goals (i. money) Product properties . sight of in class in our effort to figure out who sued whom in the Jones case. any harm done to the computer system), Even if servers were on Intel's property, no trespass to land b/c intangible For those seeking more compact coverage J. CRIBBET, PRINCIPLES OF THE LAW OF PROPERTY (3d ed. So only large funds with established reputations could attract investors, Property Rights in IP as Keys to Innovation and Competition, Not just incentives to invent damagesno actual damagesbecause important to deter physical invasions of land, doesn't Mark Rogers, Judge _____ No.
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