Initial Allocation of Land Flashcards
Allocation
how a government gives entitlement of land
Property law
set of decisions made by government about allocation made by the system of law
Labor theory of property
When we mix and combine our labor with something not owned or a shared resource, this introduces a claim of ownership between us. Ex: a tree in a forest cut down to build a house creates ownership of the resource.
Limitations on labor theory of property
“As long as there is enough left in common for others” so it is a limited right, not an endless one.
Chain of title
Title gives you ownership, chain is transfer to someone
Reasonable expectations theory
Over time, however problematic at the start, you have to respect reasonable expectation of now. Time can give you a solid claim to something because of the expectations of the chain of title since.
Conquest theory
The conquoeror/sovreign gets to decide land rights
Carol Rose
We forget about questionable origins because it allows us to trade land more easily. But some acquisitions are so gross and eat away at the morality of the system that makes property regimes possible.
Riparian Rights
anyone along the river can use it but the use cannot interfere unreasonably with the others. You can REASONABLY use as much as you want. Always subject to reasonableness.
Prior Appropriation
“First in time are first in right/line.” Earlier users have priority but some rules address this. Must actually use it and the use must be beneficial. If you stop using, you can lose the right.
Pierson v Post
Capture vs hot pursuit rule: you own it if you capture it vs if you’re truly in hot pursuit then it “might” be enough for ownership claim.
Chattel
Personal or movable property (ex: pen/notebook/computer)
Real Property
real estate like land
Relativity of title
property rights are generally thought of as relative to othes instead of absolute rights
Bundle of Sticks
There are different types of rights that may be attached to ownership.
