Chapter 8 Flashcards
Land, including things under the land (like minerals and oil), and things permanently attached to the land (like buildings, homes, structures)
Real Property
Moveable, weighable objects (like cars, computers, boats, airplanes, clothing)
Personal Property
A legal interest in real or personal property that is filled by a creditor when they are owed money by the property owner.
Lien
Example of Lien
If you own a vehicle and you finance all or some of that vehicle with a bank, the bank will file a lien on your vehicle until you pay it off. The vehicle is the bank’s security that you will pay back the money they loaned you. If you don’t pay it back, they will repossess the car.
Power of the government (or legal condemning agency like a utility company) to take private property for public use without the consent of the owner.
Eminent Domain
Example of Eminent Domain
12 private homes are in the way of a road that must be expanded to accommodate public use. The state government can legally take the property [for just compensation] via eminent domain if no agreement to purchase the property is reached first.
Example of Eminent Domain
A utility company needs to run underground utility lines on your property. It can claim easement rights to access your yard and dig without your permission in order to lay the lines.
Right to use someone’s land for specific purpose. Sometimes require payment, other times not.
Easement
Example of Easement
A utility company needs to run underground utility lines on your property. It can claim easement rights to access your yard and dig without your permission in order to lay the lines.
Police Powers by State and Local Governments
(1) Zoning Ordinance
(2) Regulatory Taking
State and local governments can regulate and control activities on private property that deal with the general welfare.
Zoning Ordinance
Example of Zoning Ordinance
Through zoning ordinance, governments can control land use and determine what areas are zoned for residential (housing) vs commercial (business) use.
Example of Zoning Ordinance
Governments can dictate how close registered sex offenders can live to schools.
When government regulations limit a private party’s personal land use, effectively depriving them of all economically reasonable use of the property.
Regulatory Taking
When a regulation causes the value of property to be completely destroyed, the government must pay the value of the property owner just compensation. Complete destruction = FMV.
Regulatory Taking
When a regulation only diminished a property’s value, no matter by how much or little, compensation is generally not required. Diminished value = no compensation.
Regulatory Taking
Torts against Property
Trespass to Land
Types of Trespass to Property
(1) Unauthorized intrusion by a person (or thing) on land (above or below) belonging to another.
Rules of Trespass:
(1) Neither intent nor injury are required
(2) A property owner may not intentionally harm a trespasser or set a trap
(3) No duty to warn trespassers of any danger
(4) Generally flying objects are not considered trespassers unless they fly below 500 feet (FAA airspace begins at that altitude)
(5) Neither intent nor injury are required to be liable for trespass. However, a property owner may not intentionally harm a trespasser or set a trap. Still, no duty to warn trespassers of any dangers.
Difference between private and public is volume of people impacted.
Nuisance
Activity that substantially and unreasonably interferes with the use and enjoyment of a private party’s land.
Private Nuisance
Types of Private Nuisance
(1) Physical Interference
(2) Discomfort or Health Risks
(3) Morally Offensive Conditions
Physical Interferences
- Vibrations
- Destruction
- Throwing objects onto land
Discomfort or Health Risks
- Pollution
- Odors
- Noise
- Dust
- Fumes
Morally Offensive Conditions
- Drug deals going on next door
Unreasonable interference with a right held in common by the general public.
Public Nuisance
Types of Public Nuisance
(1) Public Health and Welfare
(2) Discomfort or Health Risks
Public Health and Welfare
- Gambling establishment
- Bad odor
- Blocking highways
Discomfort or Health Risks
- Polluting the local water supply
True or False: Can’t file for nuisance if you move towards it, can only have a case if they come to you.
True
Interference with the right of an owner to the exclusive possession and enjoyment of their personal property.
Trespass to Personal Property
Example of Trespass to Personal Property
Bob takes Sam’s car for a quick trip to the local mini-mart without Sam’s permission. Bob has committed a trespass to personal property.
Requires that interference with personal property be so serious as to deprive the owner of the use of the property for an extended period of time. If guilty of conversion, it justifies payment for the property.
Conversion
Example of Conversion
Bob takes Sam’s car for a quick trip to the mini mart without Sam’s permission. On his way back, Bob gets into a car accident and totals the vehicle. This would be worse than trespass; this would amount to conversion because Sam is now deprived of the use of his car for an extended period of time
