Property Rights- Bundle of Sticks

Question 1

What are the 4 rights?

Answer 1

1. Right to Transfer (alienability)
2. Right to exclude
3. Right to use
4. Right to destroy

Question 2

1. Right to Transfer

Answer 2

means the any owner may freely transfer or alienate any of her property to anyone

Question 3

2. Right to exclude

Answer 3

every owner has a broad right to exclude any other person from his property (emphasized through the tort of property
- there is no trespass when there is (1) consent and (2) necessity.

Question 4

3. Right to use

Answer 4

-Are there or should there be limits on property that is undisputedly yours?
-Courts attempting to access when the right to use property should not be absolute.
- Limited by: nuisance and spite fence

Question 5

Right to use- Private Nuisance

Answer 5

Intentional (Private Nuisance): Conduct is intentional if the D acts for the purpose of causing the harm or knows that harm is resulting or substantially certain.

Nontrespassory (Private Nuisance): light, odor, noise, vibrations, and other intrusions that do not involve physical entry onto the plaintiff’s land meet this element

Unreasonable (Private Nuisance): In some states, this conduct that causes substantial harm; in more states, the gravity of harm must outweigh the utility of conduct

Substantial Interference (Private Nuisance): there must be a real and appreciable invasion of the P’s interests, not merely trivial

Use and Enjoyment of land (Private Nuisance): must affect such as causing damage to the property or personal injury to the occupants

Question 6

4. Right to Destroy

Answer 6

Concern arises when an owner seeks to destroy property that has substantial value to society.