Ownership and trespass

Question 1

Core elements of Trespass

Answer 1

• Intentional
  
  • Unpermitted
    
    • Physical invasion of another’s land

Question 2

Formal Entitlements under Ownership of Property

Answer 2

• Right to Exclude – prevent other from coming onto your land
• Right to Use – right to exploit the property
• Right to Transfer – right to sell or otherwise transfer interest
• Right to Destroy – right to produce waste

Question 3

Variations of Trespass

Answer 3

o WI: owner must show lack of necessity by trespasser (includes A.D. in P-F)
o TX: must show injury to recover damages

Question 4

Ad Coelum Common Law Rule vs. Modern Day Rule

Answer 4

CL: property rights extend to heavens and down to the center of the earth

MD: you get what you build (not necessarily this strict)

o Causby : owners have at least as much of the space above the ground as he can occupy or use in connection with the land
 but airspace, apart from immediate reaches above the land is part of the public domain

Question 5

What is Modern Day Rule for underground?

Answer 5

 Ad inferos: may reasonably and foreseeably use

o Chance : owners’ rights extend only so far as to protect owner uses that are reasonable and foreseeable
 Owner still retains some property interests in deep subterranean areas
 Physical damage and actual interference necessary