Terms & Rules Flashcards
Learn vocab and rules
Legal positivism
Property exists only to the extent that it is recognized by government
Natural law theory
Certain rights naturally exist as a matter of fundamental justice regardless of government action (this has little impact on modern property law)
5 Theories of Property
- Protect First Possession (1st come, 1st serve)
- Encourage Labor (Labor Theory- FARM IT!)
- Maximize Social Happiness (Utilitarian)
- Ensure Democracy (Civil Republican Theory)
- Personal Development (Personhood Theory)
Formalist Approach
When the judges look to the past legal authorities to find their template to interlay their specific fact patterns to. E.g. Majority opinion in Pierson v. Post
Instrumentalist Approach
Asks “What will give us a good result? What will make a good incentive that will encourage the behaviors that we want to have?”
Right to Transfer
Johnson v. M’Intosh (Land title transfers only valid made by current govt.
Moore v. Regents of Uni of CA (once cells leave the body, no longer your property)
Right to Exclude
Exceptions are Consent or Necessity (Privilege)
Jacque v. Steenberg Homes (punitive damages can be awarded with nominal compensatory damages, mobile home through yard is a NO-NO)
State v. Shack (Right to exclude doesnt include right to refuse govt services to migrant workers on property)
Right to Use
Sundowner v. King (Idaho 1973) property owners may not make malicious use of their property solely to injure their neighbors- no spite fences.
Prah v. Maretti (Wis.1982) Private nuisance law is applicable in disputes over access to sunlight.
Private Nuisance
Private nuisance is an 1) intentional 2) nontrespassory 3) unreasonable, and 4) substantial interference with 5) the use and enjoyment of the Π’s land.
Doctrine of Trespass / R2dTorts §158
Landowners’ right to exclude anyone else from entering upon their property. The doctrine has deep roots in English C/L.
∆ acts intentionally. Not necessary to prove subjective intent to trespass or acting in bad faith.
Conversion
occurs when a person without authority or permission intentionally takes the personal property of another or deprives another of possession of personal property.
1) the plaintiff’s ownership or right to possession of the property;
2) the defendant’s conversion by wrongful act inconsistent with the property rights of the plaintiff; and.
3) damages.
Adverse Possession
when a person occupies another’s land in a hostile manner for a period of time or,
Prescription
The acquisition of an easement, over the property of another, through adverse use of that property. For example, a neighbor who has used your land to get to their backyard for the past 10 years may have an easement over your property.
Sic utere tuo ut alienum non laedus
Use your own property in a manner that doesn’t injure another person’s property.
Coase Theorem
states that the initial allocation of a resource is irrelevant to economic efficiency, in the absence of transaction costs, bc the affected parties will reach an efficient allocation through bargaining.