Concept of Property

Question 1

What is Trespass?

Answer 1

(Tort Law) Action by a Property Owner against a party who enters the property “Intentionally” and “Without Privilage”

Question 2

Privilege means:

Answer 2

Consent of the Property Owner OR some other legal right to enter

Question 3

T/F Intentionally = Voluntary?

Answer 3

True! Intentionally does equal Voluntary

Question 4

What are the 5 elements of Private Nuisance?

Answer 4

1. Intentional
2. Nontrespassory
3. Unreasonable, and
4. Substantial Interference with
5. The use and enjoyment of the Plaintiff’s Property

Question 5

These 5 elements...
1. Intentional
2. Nontrespassory
3. Unreasonable, and
4. Substantial Interference with
5. The use and enjoyment of the Plaintiff's Property...
are the 5 elements of...

Answer 5

Private Nuisance

Question 6

Why is Nuisance Law much broader and cause for more restrictions?

Answer 6

It doesn’t require the defendant to act with malice and it may restrict useful conduct

Question 7

What are the 5 Theories to recognize Property Rights?

Answer 7

1. Protect 1st-in-time Possessors
2. Encourage Labor
3. Maximize the overall happiness of society/ utilitarian use of resources
4. Enhance democratic principles
5. Facilitate Personal Development

Question 8

What are these elements the elements of?

1. Protect 1st-in-time Possessors
2. Encourage Labor
3. Maximize the overall happiness of society/ utilitarian use of resources
4. Enhance democratic principles
5. Facilitate Personal Development

Answer 8

The 5 Theories to Recognize Property Rights

Question 9

What are the 4 “Bundle of Sticks”?

Answer 9

1. Right to Transfer
2. Right to Exclude
3. Right to Possess and Use
4. Right to Destroy

Question 10

T/F Government defines Property Rights

Answer 10

False. Government does not define Property Rights

Question 11

What are these elements the elements of?

1. Right to Transfer
2. Right to Exclude
3. Right to Possess and Use
4. Right to Destroy

Answer 11

Property as Rights aka the “Bundle of Sticks” describing property

Question 12

T/F Property Rights are absolute

Answer 12

False. Property Rights are not absolute

Question 13

T/F The right to destroy is not absolute

Answer 13

True. The Right to Destroy is not absolute, but a property owner may destroy his own property if he wishes

Question 14

T/F Can multiple people have rights to the same parcel of land at the same time?

Answer 14

True. Multiple people can have rights to the same parcel of land at the same time.