Owner Sovereignty and its Limits

Question 1

Civil actions protecting Real Property

Answer 1

Trespass & Nuisance

Question 2

Civil action protecting Personal Property

Answer 2

Trespass de bonis asporatis: forcibly carrying off P’s goods
Trespass to chattels: D interfered with the property in some way short of conversion
Detinue: Unlawful detention of goods
Trover: Wrongful conversion
Replevin: Wrongful taking of goods, can recover personal property

Question 3

Right to Exclude

Answer 3

People on their property may use reasonable force to prevent trespass or theft.

Landlords are the exception and must pursue legal remedies first.
Tenant possess the house, and landlord voluntarily entered into this agreement, so it justifies limit on right to exclude

Question 4

Exceptions to the right to exclude

Answer 4

Necessity: Life in danger, natural disasters, chased by person or animal
Custom: Different areas have different exceptions (some states allow hunting unless owner puts up no trespass signs)
Navigable Airspace
Public Policy: Property rights serve human values (state v. shack)
Public Access: A business open to the public cannot discriminate

Question 5

Equity

Answer 5

Court may find a remedy outside the law when the law creates an inequitable results
(injunction, equitable estoppel)

Question 6

Mistaken Improver

Answer 6

When someone builds/repairs/adds on to something with the belief that they are on their own property in good faith, but are on someone else’s.

Remedy is to remove improvements, or if not possible owner pays mistaken improver, or the mistaken improver buys the land. All else fails the court will buy and split the proceeds.

Question 7

Licenses

Answer 7

Waiver of right to exclude that is temporary and revokable, unless license has a grant. Tickets to an event only provide license. Owners have a right to contract around their property, even if it is not protected by copyright

Question 8

Bailments

Answer 8

Temporary transfer of custody and property

Elements: delivery and acceptance

Question 9

Abandonment

Answer 9

Can abandon property, NOT LAND

Elements:
1. Owner voluntarily relinquishes rights
2. Intention of terminating ownership
3. Without giving another ownership
4. No intention to reclaim/resume ownership

Question 10

Destruction

Answer 10

Eyerman v. Mercantile Trust Co: In common law, sovereign is allowed to control what happens to a property after death, and public policy does not allow destruction of a house that is valuable, livable, or historic