Right to Exclude

Question 1

Public Trust Doctrine

Answer 1

public areas government holds in trust, giving access and right to use to the public

Balancing test 4 factors
1.
2.
3.
4. usage of land

Question 2

Right of Access

Question 3

Right of Use

Question 4

Navagable airways

Question 5

ad column doctrine

Answer 5

a landlowner owns everything above and below the surface of the land

Question 6

punitive damages

Question 7

trespass

Answer 7

physical interference with the ownership or possession of land

Question 8

super adjacent air space

Answer 8

airspace at altitide so close to the land thats its

Question 9

what are limitations on right to exclude?

Answer 9

social policy
free speech
public trust doctrine

Question 10

what is an “easement”?

Question 11

tresspass v nuisance?

Question 12

common law of dedication

Answer 12

appropriation of land for some public use, made by the fee owner and accepted by the public. A dedication is implied in fact when the period of public use is less than the period for prescription

Question 13

private necessity

Answer 13

when emergency caused someone to trespass on the land of another