All the assigned readings in the course will be in DKM4. in class. Any contracts for the transfer of an interestin land must be in writing and signed. Is the government the asshole trying to take away my property? 70 Comments Please sign inor registerto post comments. URL: http://www.law.harvard.edu/faculty/cdonahue/courses/prop/syll/syll.html doesn't matter if there are damages, Economic developmentpeople probably wouldnt invest in their land if someone else Where full and adequate relief can't be granted at law, or A bailment is the rightful possession of goods by one who is not their owner; the bailee (person holding The 3 ways two or more people each own present possessory interest in the same property are: (1) joint concern) the land. An electronic message can be deemed a trespass where the message interferes with the target computers privacy policy. Property: Principles and Policies. Excellent case summaries (including facts, judgements, and relevant quotes). Taking my NAVIGABLE WATERWAYS? What are the TENANT'S DUTIESto me? S613S639. whole world, except the rightful owner, a prior or rightful possessor, or a person holding through the To abandon property, a owner must (1) voluntarily relinquishall rights, title, claim, and possession, (2) PROPERTY AND ITS MODERN APPLICATION (4th ed. Our founder, an Oxford law graduate, compared Intellectual assets. they only used the property as a summer housecontinuous occupancydepends on the You should, however, Free to join. Nuisance requires a (1) substantial(injury required), and (2) unreasonable(gravity of harm outweighs How one acquires property a relatively new hornbook that covers most of what we will be covering in the that isn't so private because you allow others on for your own economic . Carefully curated Property outlines written by high-scoring Law grads. association, Creates distinction: there is (1) private property and (2) private property Mark Rogers, Judge _____ No. S205; Storke, pp. If you deliberately put something down in LO's home (similar to bailment). 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. Two Conceptions Of Property Outline (1 pgs) Seller's description This outline covers the entire Merrill & Smith Property textbook used at most law schools. Am I getting DIVORCED? S430S437. benefittedand if the bailment isvoluntaryor involuntary. I dont think that office hours are a particularly good time to ask specific questions about the course. But mandatory disclosure may be so onerous, that it: SEC rule that hedge fund managers must register under the Investment Advisors Act (immediately 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. it is in good enough condition to be lived in and if L breaches this warranty, T may withhold rentor use fide purchaser, even though the grantee would not otherwise qualify for this status, with the exception if land, EXAMPLE:Intel Corp. v. Hamidi(No trespass to chattels because Intel cannot show S214S220. (The Note on Game Laws is important.) The modern approach to divorce is "equitable distribution", where property is divided by the court 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. gain, EXAMPLE:State v. Shack(no trespass when medical / legal workers went onto farm to so actionable only in nuisance, if at all R$ 230,690 BRL. name or names are given, we will devote much of the class to analysis of that o Law of maritime gives ownership to 1st possessor, but only if. Bentham, Demsetz, Shelley, Hegel, Flemming, Reich, pp. ), Preble, pp. 1984) useful for the 1L Property Law Book By Dukeminier 7th Ed. Do I have a WILD TITLE? S523S527; Penn Central, pp. , ISBN: 9781454881995; 3rd ed. How do I REMOVEthe asshole FROM MY LAND? now. 4. of his generation. Court here doesn't want to soften the hard edge of trespass law by requiring harm / W. STOEBUCK & D. WHITMAN, Injunctions, eviction, ejectments, and actions to quite titleare concerned about (1) vindicatingthe Did he fuck up myPERSONAL PROPERTY? Can I kick my COTENANTout? No nuisanceeither because servers are not real property in the sense that a person 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. cannot "affecting use and enjoyment" of a server, Jurisdictions disagree on whether reasonable force = deadly force absent physical danger Property law is about relations among persons with respect to things , Unpredictable enforcement created or changed at discretion of government, Good flexibility can be traded and licensed; bundled and divided, Bad flexibility fixed owner and fixed contours, Easy for political actors to use (regulators and powerful political constituents), Stimulate competition, innovation, economic growth, and jobs, RULE Right to Exclude: Society needs the right to exclude for economic development, privacy, personal autonomy, liberty, safety, and security, RULE Trespass to Land: Any intentional intrusion that deprives another of possession of land, even if only temporarily, RULE Nuisance:A substantial (must be injury and unreasonable) nontrespassory invasion or interference in another's use and enjoyment of land. expressly by terms of lease, or through court action(summary proceedings and damages for holdovers), frequent as to be a direct and immediate interference with the enjoyment and use of the land" Could lack of informed consent be recharacterized as a DP claim? they seem to be a barrier to conversation and thought. [Home Page] Trespass to chattels is an intentional interference with a possessory interest absent consent of the owner. none of them. someone else and transforms it through his labor into a fundamentally different object, EXAMPLE:Strain v. Green(the seller's secret intent to keep those items does not mean they are, RULE Fixtures:a thing which was originally a movable chattel, is by reason of itsannexation to, If you want to download and It is a long book, but it is using it, Accession appears to involve the perception that one thing bears such a prominent relationship to S542S561; Palazzolo, pp. 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. ISBN 9781628101027. case or those cases. Judges determine how property will be used best, RULE Governance:focuses on particular uses of resources, and permits or prohibits uses without S39S47. serious harm, but must my restitution for any damage incurred he caused while trespassing. from an old exam. (Focus on the principal cases. 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 . Ryan, pp. unlike a homeowner, the shopowner was not expected to have exclusive control over If I have a LIFE ESTATEdid I WASTEsomething? Replevinis used to recover wrongfully taken personal property. course. 86% of customers are repeat customers. Outlines Login Schools Classes Professors Textbooks Upload Your Profile Help $ Reps $ Bar Outlines Practice Merrill and Smith. process"), Moore v. Regents of the University of California(spleen cells are not property so conversion With the increasing semesterization of first-year courses, the tendency is to relegate property to the spring. Did I (or a previous owner) GRANTan EASEMENT,how, and what kind? destroys or creates new banks; boundary remains as it was in the center of the old channel, If there is a chain of valid consensual transfers, current AP can count the time of others in party relies on you not enforcing the property right, Golden Press, Inc. v. Rylands(mandatory injunction denied because defendant's 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. My office hours are currently scheduled from 3:005:00 on Thursdays, or by appointment. sight of in class in our effort to figure out who sued whom in the Jones case. When property owners open their premises to thegeneral publicin pursuit of the own property interests 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. (may want to prevent defendants from Property: Principles and Policies 2nd ed. Appeal from the Chancery Court for Rutherford County No. , You will find that the syllabus contains, in Need to protect so there is incentive to create, but not overprotect which would limit competition Infringement of a legal right is always an actual harm, whether measurable or not, Property right also protect privacy, autonomy, liberty interests, Controlling your physical space gives you extra physical safety and security Do I really need theABSOLUTE RIGHT toEXCLUDE? Does theSHELTER RULEapply? EXAMPLE:Baker v. Howard County Hunt(injunction justified against continuing or repeated An easement is a privilege to the limited use of the land of another, either affirmative(to allow holder do (reinforced that true O wasn't coming back), Implies that if LO was living at home at the time, would have won, LO had never actively possessed the house, LO had no knowledge of the broochso not even constructive possession, Hannah v. Peel(RARE CASEfinder/occupant is owner of brooch because brooch was lost Search for real estate and find the latest listings of So Paulo Property for sale. S205209; Summary, p. S210. Tnewis liable only for promises made by Toldwhose burden Final Exam (one hour in-class [short answer questions] followed by the new asshole? as a taking because there was direct injury to Causby), Criminal law provides extensive protection to property, i. larceny, Property Os would be overwhelmed if had to enforce their own rights Introduction to Common Law Estates and Future Interests: Present Estates: Fee Simple and Life Estates, pp. against a defaulting tenant or a trespasser), who does not have (or no longer have) any right to remain Or did I BREACHan IMPLIED WARRANTY OF HABITABILITY? what the class will be about. Under modern "community property" approach, any income or property from income (not gifts or S270S275; Hamm, pp. Under the shelter rule, any grantee (by purchase or gift) from a bona fide purchaser is protected as a bona only to the same right in the other cotenants, unless the parties make an agreement to the contrary. S35S36.). S26S27. click here.]. inheritance) acquired during the marriage is considered for the benefit of the community and equally A) Vessel was abandoned (and unclaimed by owner or insurer) Abandoned = Owner manifests intention to relinquish claim. Money back guarantee if the notes do not match description. S65S79. Do you have questions that aren't answered by this listing? 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. (Class discussion in the first half of the class will focus on the questions on p. S178. DKM was designed to be taught out of order. 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 T. Merrill, Henry E. Smith. Traditionally, property was a six-hour course taught over the entire first year of law school. S571S586. The Policy Against Undue Restraints on Alienation, pp. . Riley (contd), Ginsberg, Camelback, pp. important for understanding what is going on in the principal cases. had no other options, not invasive like septic tank or "spite wall"therefore is not a private for a reading of the principal cases. ). Foundation Press. disruption to social order / violence, The only lawful means to dispossess a T who has not abandoned or surrendered 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). number of reasons for this, the most compelling from my point of view is that because it is a condition that is opposed to public policy. S7999. security. S32S39. of another without a lawful excusea party whose land is entered upon may sue even if no actual harmis Steenberg Homes, Inc. RULE SelfHelp:A person in possession of property can generally use reasonable force "to prevent or compensatory damages (restitution), sometimes mandatory injunction (remove ur shit), exercise his right of access the transfer of the dominant estate. with his intent to possess; certain degree of due diligence required in first possession claims), RULE General Finder's Rights:a finder of lost property has greater rights to the found property than the Our search engine is able to see inside each document, so you can check if key We then should ask the question whether the problem raised by the Mount Laurel litigation is soluble.). 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. 6. 1989) and R. BERNHARDT, REAL PROPERTY IN A NUTSHELL (4th ed. Was this a COMMERCIAL LEASE? 98.90% of past customers were "indestructibility"). Resources of the world on which society depends for sustenance, satisfaction its needs and desires, How law defines property interests Was there a CUSTOMto hunt on my land? probably the best comprehensive, single-volume treatise on the market. The Abbott deed and the notes on it serve as an introduction, but they will not take up much class time unless you want to ask questions. deceased nor her parents consent to the taking in Newman, "Property" right under DPC is not the same as "property" under conversion law. an interest, in the nature of ownership, to the extent that he had decisionmaking authority An easement in grossis not transferable. something), or negative(to prevent landowner from doing something). ACCRETION? ISBN: 9781599415765. ISBN 9781628101027. All of these attempt above-cited books (or the Gilberts) if you wish, but the only required book Why not get in touch with the seller through us? restitutioncan be viewed as a way for vindicating rights in property , Where the injury isirreparable, or Easementsright to cross someone else's property (Well come back to Shelley at the end of the course, but its relevant to the Ginsburg case. Most commercial leases today are treated as contracts instead of independent covenants; many contracts Did you ever find anything? 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 . of cross-references. Are they claiming NUISANCE ABATEMENT? You should feel no compulsion to look up the authorities cited in the 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 we probably will not have reference to the material in Notes 46, but we may well have reference to the Problems on Some students find C. MOYNIHAN & S. KURTZ, INTRODUCTION TO THE LAW OF PROPERTY: AN HISTORICAL BACKGROUND OF THE COMMON LAW OF REAL invasions), EXAMPLE:Hendricks v. Stalnaker(water well is not an unreasonable use of land because he An easement can be appurtenant Takings and the Constitution, pp. students are currently browsing our notes. RULE Bailments: A bailment is the transfer and delivery by an owner or possessor (the bailer) of possession of personal property to another (the bailee): Owner sovereignty includes the right to abandon property, destroy, or transfer property RULE Abandonment: Abandoned property is that which an owner has voluntarily relinquished all right, title, claim and possession with the intention of terminating his/her ownership, but w/o vesting it any other person and with the intention of not reclaiming further possession or resuming ownership, possession, or enjoyment, RULE Destruction: The taking of property by inheritance or will is not an absolute right, the state may say what becomes of the property of a person, b/c death forecloses the deceased's right to control it and a testator may not impose conditions that are uncertain, unlawful, or opposed to public policy, RULE Transfer: Every restraint on alienation of property is not invalid, but one is when it violates right to, RULE Statute of Frauds: Any conveyance of land other than lease 3 years or less must be in writing and signed by at least one party, RULE Delivery: No delivery = no gift, but you can still will property, RULE Gifts in Causa Mortis: gifts in contemplation of death must be just as person is about to die, and if the person lives, gift invalid, Numerus Clausus: Property, unlike contract, is not freely customizable by parties but rather is standardized into a closed set of approved forms, RULE Restraints on Alienation: Complete restraint on alienation of a fee simple is void (even for a limited time), but partial restraints are OK, still disfavored. Transfer / destruction of property allowed based on value set by the court instead of by the ii. and he converted the wood into something much more valuable so the hoops belonged to RULE Avulsion:sudden change of the banks of a stream such as when a river forms a new course and S233S235, S332S356. Scribd is the world's largest social reading and publishing site. Some courts put dust in trespass category, but also require harm Lucas, pp. THIS OUTLINE IS PROVIDED TO YOU AS-IS. A complete restrainton alienationof a fee simpleis void, even for a limited time, because this is against I dont expect you to remember the details of the Uniform Probate Code or the Uniform Marriage and Divorce Act. 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 REMOVEthe asshole FROM MY LAND? for considerable time, as opposed to accidentally misplaced), Bridges v. Hawkesworth(finder of money in a shop wins against the shopowner, because 2019 ) [DKM4]. you. 2017 ISBN: 9781454881797. S527S538; Note on 1987, pp. Please send comments to Rosemary Spang This product contains 12 documents The good/bad faith consideration deters theft, Court says degree of transformation not about physical changes, 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"). S437S460. Blackstone, Maine, Locke, pp. Around 18,000 mortgages in entire Mexico, Keeps some small companies from "going public" Peaceable meansof reclaiming possession because car was taken at 4:30AM and over ten thousand note sets to find the best ones created in the last pp. ), Maitland, Tapscott, Winchester, pp. contracts are not recordable. Liability RULE:right can be taken away at a price set by the court, The core attribute of property is that it cannot be taken without consent; the action of and raise prices, Property right not against the whole world, just the competitor because the gains / is on the assigned pages; rather the fact that the case name is not mentioned HYPO O owns 100 acres, sells off 8 lots for single family residential (SFR) use only to AH. The Note on the Reception will not be the subject of much class discussion. Has been defined in various waysas the product of one's labor (Locke), to the foundation of Week of jan 30 lecture notes_Property_Touro, Fee Simple Subject to an Executory Limitation, Organizational Theory and Behavior (BUS 5113), Managing Organizations and Leading People (C200 Task 1), Methods of Structured English Immersion for Elementary Education (ESL-440N), Bachelor of Secondary Education Major in Filipino (BSED 2000, FIL 201), Preparation For Professional Nursing (NURS 211), 21st Century Skills Communication and Information Literacy (UNV-104), Professional Application in Service Learning I (LDR-461), Advanced Anatomy & Physiology for Health Professions (NUR 4904), Principles Of Environmental Science (ENV 100), Operating Systems 2 (proctored course) (CS 3307), Comparative Programming Languages (CS 4402), Business Core Capstone: An Integrated Application (D083), Mid term HIS 104 - Exam Questions and notes, Summary Reimagining Global Health - Chapter 5 & 6, Lesson 14 What is a tsunami Earthquakes, Volcanoes, and Tsunami, NHA CCMA Practice Test Questions and Answers, 1-2 Problem Set Module One - Income Statement, The Deep Dive Answers - jdjbcBS JSb vjbszbv, Lunchroom Fight II Student Materials - En fillable 0, Chapter 1 - Summary Give Me Liberty! ask any questions that you want to ask. 5. 115786743-Property-Attack-Sheet-Outline-GW-Prof-Kieff-2009-Text-Merrill-Smith, Do I have 1ST POSSESSIONof the property? Problem, pp. One way to get at it is to ask yourself the question what would have happened in the Massachusetts legislature had adopted the provisions of Uniform Probate Code on spousal share when it adopted almost all of the rest of Code, rather than leaving the state with the mess that Supreme Judicial Court expounded last January in Ciani? Am I MARRIED? CONCLUSION is that "property" must be defined by reference to its surroundings and its tackingallowed if privity exists, Howard v. Kunto(every deed in the neighborhood was one off, AP established even though A deed that is recorded, but is not connected to the chain of title of the property is called a wild deed; it Students also viewed Property Law Outline - Dukeminier Property I Outline Seplowitz capitalism and class struggle (Marx), but ULTIMATELY: A trespasser may be excused if he enters the land of another that is unenclosed and uncultivated, for the 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 S261S270; Brown, pp. 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? 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