Ch. 1 Concept of Property/ Ch. 2 Vertical Dimension Flashcards
5 theories of property
protect first possession encourage labor maximize societal happiness ensure democracy facilitate personal development
4 categories of property rights (bundle of sticks)
right to transfer: (alienability)
right to exclude
right to use
right to destroy
When do property rights vest in ferae naturae
when someone deprives it of natural liberty and brings it within certain control
Why is likeness/ celebrity a property right?
Because people work to cultivate their image
Spite fence
illegal b/c built out of malice
Adverse possession justifications
- prevents frivolous claims
- corrects titile defects
- encourages labor
- protects relationships with land
Acronym for Adverse Possession
As Echo Actual Possession Statutory Period Exclusive Possession Continuous Possession Hostile and Adverse Open and Notorious
Tacking for AP
acceptable if in privity
can’t force AP off land
Defenses to AP
disability: military service, lack of mental capacity, age of minority, imprisonment
death
AP: Disability and Statutory Period
statutory period does not begin running until disability removed
water: absolute ownership
owner of land gets everything beneath it
Old English law; TX
water: right to capture
first to capture water may take it even if it hurts others
water: ratione soli
“according to the soil”
if its on or under your soil, you own it
water: reasonable use approach
majority approach
LO has “reasonable” rights to groundwater
airspace rights
right to at least as much space as one can occupy or use in connection to the land
