Property Basics

Question 1

Bundle of Sticks

Answer 1

Property is a set of rights and duties that exist with respect to some “thing.” Includes the right to exclude, to use and enjoy, to transfer, abandon and destroy etc.

Question 2

Ad coleum

Answer 2

Property extends from the earth to the “heavens.”

Question 3

Trespass

Answer 3

Strict liability tort. Any trespass onto another’s land, whether intentional or not, constitutes a tort.
Exclusion strategy.

Question 4

Nuisance

Answer 4

A use of land that interferes with the use/enjoyment of another’s property.
Governance Strategy.

Question 5

Hamidi

Answer 5

With respect to invasions of personal property, there must be harm to the property owner to prove trespass to chattels.

Question 6

Defense of Neccessity

Answer 6

Necessity is a defense to trespass. Ploof v. Putnam.

Question 7

State v. Shack

Answer 7

Public policy may limit the right to exclude. Social workers can “trespass” to provide migrant farm workers with services.

Question 8

Tragedy of the Commons

Answer 8

When there is an unowned resource that anyone can use, and everyone rushed to the resource and causes its eventual depletion.

Question 9

Anti-Commons

Answer 9

When there are too many owners of a resource, it may be rendered useless.