Bundle of Sticks

Question 1

What are the 5 Primary Sticks in the Bundle?
(Note: primary/secondary is up for interpretation)

Answer 1

The Right to Exclude
The Right to Use and Enjoy
The Right to Disposition
The Right to Bequeath
The Right to Have or Destroy

Question 2

When someone physically invades the property of another, you have a violation of the Right to Exclude called: ________________.

Answer 2

Trespass

Question 3

T/F: Intent is a requirement for Trespass

Answer 3

False

Question 4

T/F: A person can be held liable for Trespass when they are brought onto another’s property against their will.

Answer 4

False - The trespass must be volitional (voluntary)

Question 5

What are the 3 Defenses/Exceptions to Trespass?

Answer 5

Necessity
Temporary/Limited Purpose
Privileged Parties

Question 6

When a Trespasser argues they had no other choice, they are arguing ______________.

Answer 6

Necessity

Question 7

In Jacque v. Steenburg Homes:
The plaintiff did not want a mobile home moved across his yard yet the defendant did it anyways. There was another road available to use although it would have required some path clearing and careful driving.
Describe what stick of the bundle was at issue here and how the court concluded the case.

Answer 7

Jacque’s right to exclude was violated when Steenburg intentionally crossed his land.

This is a trespass, and since another route was available, the “necessity” argument doesn’t work here.

Question 8

Give an example of a Temporary/Limited purpose that would justify trespassing.

Answer 8

Retrieving a frisbee

Question 9

In Ploof v. Putnam:
The plaintiff docked a boat on the defendant’s pier during a bad storm. What exception to Trespass might be available here?

Answer 9

Necessity

Question 10

In State v. Shack:
A lawyer and health worker were cited for trespass when visiting migrant farm workers (the farm owner refused permission)

What exception to trespass was available here?
Who is not protected by this exception?

Answer 10

Privileged Parties
Journalists are not protected

Question 11

T/F: The following are all examples of Privileged Parties:

Police, public health officials, process servers

Answer 11

True

Question 12

T/F: Peddlers and salesmen are protected from trespass violations because they are privileged parties.

Answer 12

False

Question 13

You can’t sell food or liquor without a license
You can’t plant and harvest marijuana
You can’t disrupt flowing water

These are all examples of limitations on one’s _______________.

Answer 13

Right to Use and Enjoy

Question 14

In Evans v. Merriweather:
Evans diverted the water of a stream during a drought, and Merriweather (who’s property was downstream) no longer had water access.

Here we learn that “Riparian” properties have _____________ rights. Meaning you can use water flowing on your property, but you can’t “use it up” completely.

How is it determined what is “too much”?

Answer 14

Usufructuary

A jury determines whether the amount taken was “reasonable”

Question 15

Properties that have bodies of water running alongside or across them are said to have ____________ rights.

Answer 15

Riparian

Question 16

T/F: “Nuisance” and “Usufructuary rights” are examples of limitations on a person’s Right to Use and Enjoy

Answer 16

True

Question 17

Something that “can sometimes be the right thing in the wrong place” is known as a ______________________.

Answer 17

Nuisance

Question 18

What is the standard defense to a nuisance claim? What is the analytical standard?

Answer 18

The alleged nuisance was reasonable

Based on an objective standard & what the average person believes to be a reasonable use of property under the surrounding circumstances

Question 19

Nuisance, unlike trespass, doesn’t necessarily involve a physical invasion. Give some examples of what might constitute a nusiance.

Answer 19

Noise
Dust
Smoke
Odor
Vibrations

Question 20

What is the difference between a private and a public nuisance? Examples of each?

Answer 20

Private Nuisance = Harm to a specific party, in a specific location, infringing on a person’s right to enjoy their property (like a nightly rock party)

Public Nuisance = Effects not a specific party, but rather a large sector of the population like a neighborhood or community (like stockyards, or smelting operations) - Can also be defined by local ordinances

Question 21

What is Nuisance Per Se? Nuisance Accidens?

Answer 21

No bright line distinction but…

Nuisance Per Se = intentional, like burning trash in the backyard

Nuisance Accidens = stumbled upon, like a soup kitchen attracting aggressive panhandlers

Question 22

In Bove v. Donner-Hanna:
The plaintiff had a property across the street from a hickory grove. Later, a Coke plant was built there and the plaintiff brought a nuisance action.

Why did the plaintiff lose?

Answer 22

The area was already zoned industrial

She should have known there was potential for industrial type activities

Question 23

The Right to Disposition (aka The Right to Transfer) has one important limitation. What is it?

Answer 23

A property owner attempting to dispose of their land may not discriminate against potential buyers

Question 24

What are the 4 Secondary Sticks in the Bundle?

Answer 24

Right to Lease
Right to Manage
Right to Use as Collateral
Right to Receive Profits