The concept of Property Flashcards
What is property
Rights among people concerning things
What are the 5 theories of property?
- Protect 1st possession
- Encourage labor
- Maximize society’s happiness (utilitarian theory)
- Ensure democracy (civic republican Theory)
- Facilitate personal development (personhood theory)
What are the property rights? (bundle of sticks)
i. Right to transfer
ii. Right to exclude
iii. Right to use
iv. Right to destroy
What is the right to transfer
A property owner may freely alienate their property to anyone, but it may be restricted for policy reasons.
What is the right to exclude?
If one intentionally enters land in the possession of the other or causes a thing or a third person to do so, he is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other,
State V. Shack (the right to exclude)
Property rights serve human values, they are recognized to that end and are limited by it.
What is the right to use?
The landowner has the absolute right to use their property in any manner they see fit, as long as they don’t harm the rights of others.
What is nuisance (right to use)
use of property in a way that bothers your neighbors
What is the spite fence rule (sundowner v. King)?
No property owner has the right to erect or maintain any otherwise useless structure for the sole purpose of injuring his neighbor
What is the right to destroy?
Courts are likely to recognize unlimited rights to destroy while the owner is alive but much less likely to enforce this right after their death.
What is the rule of capture?
If anyone shall acquire occupancy in a wild animal, then that person shall have title to that animal.
What is occupancy (rule of capture) ?
A pursuer has occupancy of a wild animal if he manifests an unequivocal intention of appropriating the animal to his individual use, has deprived the animal of its natural liberty, and has brought the animal within his certain control
State v. shaw (rule of capture)
absolute security against the possibility of escape isn’t necessary.
