Concept of Property Flashcards
First Property
Who had it first?
What is property ?
Property is defined as rights among people that concerns things.
Labor theory
Each person is entitled to property through her labor, according to Locke.
Utilitarian Theory
Property exists to maximize the overall happiness of society, according to Bentham; the law and economies variant measures happiness in term of wealth
Civic Republic Theory
Property is necessary for democracy to function
Personhood Theory
Property is necessary for an individual person’s development, according to Hegal.
Implications of Bundle of Rights
Legal positivism
Relative Rights
Divisible Rights
Evolving Rights
Legal Positivism
Property rights are defined by government, not by natural law
Relative Rights
Property Rights are relative, NOT ABSOLUTE. Rights often conflict, so the law must reconcile competing interests.
Divisible rights
Property Rights can be divided in many ways examples; geography, time, persons, and content
Evolving Rights
Stability of title is core value. however, the natural scope of property rights may gradually evolve due to changing economic, technological, and social Conditions.
Property Rights
Use/ Possess
Exclude
Transfer
Destroy
Rule of Capture
Popov. v. Hiyashi
Where an actor undertakes significant but incomplete steps to achieve possession of a piece of abandoned property and the effort is uninterrupted by the unlawful act of others, the actor has a legally cognizable pre-possessory interest.
Nuisance
A private nuisance exists when the defendant’s conduct results in an intentional, nontrespassory, unreasonable, and substantial interference with the plaintiff’s use and enjoyment of her land.
Intentional
Conduct is intentional if the defendant acts for the purpose of causing harm or knows that harm is resulting or substantially certain.
Nontrespassory
Light, odor, noise, vibrations, and other instructions that do not involve physcal entry onto the plaintiff’s land meet this element
Unreasonable
In some states, this is conduct that causes substantial harm; inmost states, the gravity of harm must outweigh the utility of conduct.
Substantial interference
there must be a “real and appreciable invasion of the plaintiff’s interest , involving more than slight inconvenience or petty annoyance.
Use and enjoyment of land
The conduct must affect the plaintiff’s use and enjoyment of land, such as causing damage to the property or personal injury to the occupants.
