Right to Exclude and Right to Transfer

Question 1

What are the fundamental rights and limitations of exclusion?

Answer 1

There is a fundamental right to exclude intentional trespassers, limited by certain things like fundamental personal rights

Question 2

What are the allowed exclusions?

Answer 2

Hermits (rare) = Right to not be bothered

Bouncers (most valuable) = Select, discriminate, arbitrate

Exclusionary auras = People make you feel uncomfortable (e.g., frats) This is ultimately a decision to self-exclude

Exclusionary amenities (e.g., country clubs)

Question 3

What are the three types of restraints on transfer?

Answer 3

Disabling: Holder has no right to make a transfer
Cannot be placed on fee simples because violates alienability
Sometimes may restrain a life estate (AJ says OK)

Forfeiture: If you attempt to transfer it, you forfeit it (and remainder vests in C)
Cannot be placed on fee simples because violates alienability

Promissory: Like a covenant and if breached, can sue for damages

Question 4

What is the exhaustion doctrine?

Answer 4

Once patented products are sold, the products pass outside the patent monopoly and restraints on patent use and alienability are extinguished

Question 5

What are the public policy principles that effect restraints on real property?

Answer 5

Makes property unmarketable
Discourages improvements
Perpetuates concentration of wealth
Prevents creditors from reaching property