Bundle of Sticks

Question 1

Right to Transfer (aka alienability)

Answer 1

The right of an owner to convey their property.

Question 2

Restraints on Alienation

Answer 2

Provisions in a deed or will that limit future transfers.

Question 3

Restraints on Alienation - Disabling Restraint

Answer 3

Completely prevents the transferee from transferring their interest. White v. Brown

Question 4

Restraints on Alienation - Forfeiture Restraint

Answer 4

A forfeiture of title if the transferee attempts to transfer their interest.

Question 5

Restraints on Alienation - Promissory Restraint

Answer 5

A stipulation that the transferee promises not to transfer.

Question 6

Right to Exclude

Answer 6

The right of an owner to keep others off their property as enforced through the doctrine of trespass.

Question 7

Trespass

Answer 7

The intentional (general intent) and unprivileged entry onto another’s land.

Question 8

Privileges

Answer 8

Consent or necessity are defenses to trespass.

Question 9

Right to Exclude - Limitation

Answer 9

In some jurisdictions, punitive damages can be awarded even without compensator damages. Jacque v. Steenberg Homes (allowing punitive damages when D drove across P’s land even when it was the only feasible route, because they crossed over P’s objection)

Question 10

Right to Exclude - Limitation

Answer 10

Owners are not entitled to exclude aid to persons housed on their property State v. Schack (finding O had no right to keep a public lawyer from consulting with a migrant worker in private, just because the worker lived on O’s land “property rights serve human values)

Question 11

Right to Exclude Limitation - Right to Roam

Answer 11

A rule allowing public access to private land classified as “open country.”

Adopted in Britain

Question 12

Right to Exclude Limitation - Implied License

Answer 12

Land owners implicitly consent to public use unless the owner posts “no trespassing” signage.

Question 13

Right to Use

Answer 13

The right of an owner to use their property as they please.

Question 14

Right to Use Limitation - Spite Fence Doctrine

Answer 14

an owner cannot erect an unusually high fence along her property line for the sole purpose of annoying her neighbor. Sundower v. King

Question 15

Right to Use Limitation - Private Nuisance

Answer 15

the intentional, nontrespassory, unreasonable, substantial interference with the use and enjoyment of another’s land. Prah v. Maretti (finding shade over a solar panel could theoretically be an nuisance, but remanding to determine if D’s tall house casting shade on P’s solar panels actually was, NOTE possible application of Prior Appropriation Doctrine)

Question 16

Right to Use Limitation - The Coase Theorem

Answer 16

assumes that, absent transaction costs and assuming all rational actors, parties will reach an efficient allocation of recourses through bargaining.

Question 17

Right to Destroy

Answer 17

The right of the owner to destroy their property.

Question 18

Right to Destroy Limitation - Public Policy

Answer 18

Eyerman v. Mercantile Trust Co. (finding decedent had no right to will destruction of her home because it had historic value to the neighborhood)

Majority: “a well-ordered society cannot tolerate the waste and destruction of resources when such acts directly affect important interests of other members of that society”

Dissent: only limitation on owners right to destroy is that it may not “substantially impair another’s right to peaceably enjoy his property.”

Question 19

Right to Destroy Limitation - Public Policy

Answer 19

Presidential Records Act of 1978: Presidents may not destroy their papers after their term (see also Nixon’s takings claim).