LGST 101 Property Law

Question 1

Real vs personal/intellectual property

Answer 1

Real is something that can’t be moved (house, trees)

Personal and intellectual can be moved

Question 2

5 Theories about property

Answer 2

1. Occupation theory—> Supposed to go to places that haven’t been occupied and occupy them
2. Natural rights theory—> Right to property seen as natural. It naturally belongs to man
3. Labor theory—> Put work into something, you own what you put labor into
4. Contract theory—> Property rights recognized because of social enforcement
5. Social utility theory—> There is a requirement for recognition of property rights because it is essential for humans to thrive

Question 3

Johnson v. M’Intosh

Answer 3

The US has the exclusive right to sell land (and the Indian tribes have no such right). As such, M’Intosh gets the land.

Question 4

Conversion

Answer 4

Wrongful exercise of dominion over the personal property of another

Question 5

Theft

Answer 5

Unauthorized taking of property from another with the intent to permanently deprive them of it (key difference from conversion is that theft requires intent while conversion does not)

Question 6

Popov v. Hayashi

Answer 6

Conversion can still apply even without full possession, as pre-possessory interest gives someone the right to conversion. They both have equal rights to the baseball, so they split the proceeds

Question 7

Keron v. Cashman

Answer 7

Since the boys playing with the sock of money weren’t trying to find money, they were all ruled to have equal claims to the money. As such, intent is important in determining who owns property. Ruling is to split the money equally amongst the boys

Question 8

Swift v. Gifford

Answer 8

Gifford gets the whale instead of Swift because of customs of the industry that define possession as whoever’s harpoon was found in the whale when killed

Question 9

Bailment

Answer 9

When personal property (not real property) is transferred from the bailor to the bailee. Usually is temporary transfer of property

Question 10

Bailee

Answer 10

Takes possession of something already owned with the owner’s (bailor’s) consent

Question 11

Bailor

Answer 11

The transferrer of the property

Question 12

Involuntary/constructive bailee

Answer 12

Takes possession of a thing by means of some non-intentional act and has obligation to protect the goods
Ex: Pet owner dies, pet ends up with aunt. Aunt is the bailee. Didn’t intend to take possession, but must do so.

Question 13

Duty to Return of Bailee

Answer 13

Absolute–> must return the thing temporarily given to them when requested
For involuntary bailee–only liable for not returning if the bailee’s own negligence hindered the return

Question 14

Duty of care for the bailee

Answer 14

Must ensure safety of the property. If fails to uphold duty, liable for damages. And if uses property without permission, liable for conversion
Levels of care depends on who it benefits more
If the bailor has a better deal, bailee owes very small duty of care, only liable if gross negligence by the bailee (disregard safety of those around you)
If deal benefits both equally, bailee owes a reasonable or ordinary degree of care. Liable for ordinary negligence
If bailee has a better deal (typically if paid), bailee owes extraordinary deal of care, but not absolute

Question 15

Adverse possession

Answer 15

When another person occupies the land with the intention of possessing it as their own

Question 16

Requirements of Adverse Possession

Answer 16

1. Duration (length depends on state statute)
2. Actual possession–> adverse possessor must actually be in possession of someone else’s property, and have a physical entry on the land
3. Open and notorious –> possession must be obvious to anyone who bothers to look, so if the true owner looked, he would know there is a trespasser
4. Adverse/hostile–> this means the possession infringes on the rights of the true owner (didn’t give consent). Use the objective standard (intent to possess doesn’t matter as long as acted toward the land as if possessed) or the subjective standard (have to recognize taking someone else’s land, intent matters)
5. Exclusive–> Adverse possessor does not share control of the property with anyone else and excludes others from possessions as if he was actual owner
6. Continuous and uninterrupted–> Single adverse possessor must maintain continuous possession of the property
   Character of the land should be relevant too (middle of nowhere Alaska v. Manhattan different standards of getting adverse possession–> in-line with the whole reasonable)

Question 17

Nome v. Fagerstrom

Answer 17

Fagerstroms’ meet requirements of adverse possession for the north part of the land, not the south part

Question 18

Private Nuisance

Answer 18

When plaintiff’s use and enjoyment (not possession of) their land is interfered with substantially and unreasonably through a thing or activity.
Generally involves an interference with the physical senses
Something that is annoying to you

Question 19

Public Nuisance

Answer 19

When a person unreasonably interferes with a right that the general public shares in common

Question 20

Nuisance per fact

Answer 20

Interference with the use and enjoyment of the land
Consider the gravity of harm (extent of the harm, nature of the harmed activity–how important it is, how suited to the locale it is, ability to avoid it)
Utility of the harmful activity
Social value to the locale (place where it happens) of the harmful activity
Suitability to locale of the harmful activity
Impracticability of preventing activity’s harm

Question 21

Nuisance per se

Answer 21

Activity is barred by legislation, any time and any circumstance
Nuisance no matter where it is located

Question 22

To be liable of a nuisance:

Answer 22

Level of interference must be substantial and either:

1. Intention and unreasonable or
2. Unintentional but result of a negligent, reckless, or dangerous activity

And then balance parties’ interests:
Gravity of harm to the plaintiff (harm’s extent and character, harmed activity’s social value and suitability to the locale, plaintiff’s ability to avoid the harm) vs.
Utility of the defendant’s conduct (its social value and suitability to the locale, impracticality of preventing the plaintiff’s harm)

Question 23

Sturges v. Bridgman

Answer 23

Sturges built a consulting room at the end of his house which was only separated by a small wall to the defendant’s kitchen, where the defendant made loud noises. This disrupted Sturges’ practice in the consulting room—ruled a nuisance

Question 24

Borton v. Forest Hills Country Club

Answer 24

A nuisance is found for people hitting golf balls onto Borton’s property.
 Even though the club has the right to use Borton’s property for a specified interest, FHCC’s use was a greater burden than what was intended

Question 25

Fee Simple

Answer 25

Owning the entirety of something, but still some limitations

Question 26

Fee simple absolute

Answer 26

May last indefinitely and passes to the owner’s heirs. Created by grantor and given to A.
Modern approach says that intent is enough, language isn’t necessary–can just say “to A” not “to A and heirs”

Question 27

Fee simple determinable

Answer 27

G to A for as long as/until/while nobody does the thing G doesn’t want done on the land
Automatically reverts to G if condition isn’t met

Question 28

Fee simple subject to condition subsequent (and right of re-entry)

Answer 28

G to A on condition that nobody does the thing G decrees ought not be done on the land. If anybody does, G can choose to re-enter and terminate the estate. More flexible than fee simple determinable as doesn’t automatically revert

Question 29

Fee simple determinable with executory interest

Answer 29

G to A on condition. If they violate the condition, then it goes to someone else (C)

Question 30

Life estate “Pur autre vie” (For somebody else’s life):

Answer 30

G to A for the life of B

G gives estate to A, who transfers it to B, and life estate lasts until B dies

Question 31

Patent

Answer 31

Invention or discovery of a process, machine. Exclusive rights for inventing something. Must be:
1. New (never been invented before)
2. Useful (not some abstract math formula with no practical applications)
3. Non-obvious (contains something truly inventive and isn’t just an elementary advance in the art)
Excludes music, stories, and the like
Federal, 20 years non renewable
1. Bargain theory (people will invent more things if incentivized by property rights–> patent law encourages this by being able to protect their invention)
2. Natural rights theory (what people create is theirs, so won’t disclose things, but patent law requires the disclosure)

Question 32

Trademark

Answer 32

Word, name, symbol, or device adopted and used by a manufacturer or merchant to identify and distinguish his goods
Federal law, 10 years and renewable

Question 33

Generic Trademark

Answer 33

Too successful, like Google or Kleenex. Generic terms are never eligible for trademark protection.

Question 34

Trade Secret

Answer 34

Private information that gives its owner an economic advantage over competitors that the owner is trying to keep private.
Governed by state statues which can be protected forever thru non-disclosure agreements and non-compete clauses

Question 35

duPont v. Christopher

Answer 35

Taking aerial photos of a protected area that is meant to be kept secret is an improper means of obtaining one’s trade secret

Question 36

Copyright

Answer 36

Congress has the power to promote progress of society by securing for limited times to authors the exclusive rights to their writings
Federal law
Some works are excluded from copyright (government documents like laws)

Question 37

MGM v. Grokster and StreamCast

Answer 37

Grokster and StreamCast are in violation of copyright infringement, as illegal downloads of music were committed on their site

Question 38

Fair Use

Answer 38

Fair use is a defense to infringement of copyright claims

Question 39

4 Factor Test of Fair Use

Answer 39

1. Purpose and character of the use, including if it is for commercial or nonprofit educational purposes (needs to be noncommercial for it to be fair use)
2. Nature of the copyrighted work (noncommercial for it to be considered fair use)
3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole (not that much used = fair use)
4. Effect of the use on the potential market for or value of the copyrighted work (little effect for it to be fair use)