the meaning of property Flashcards
what are the three categories of rules in property law
Restrictions– ex the HOA
Transfers - ex sale of a home
Relationships - ex landlord tenant relationship
what is property
property=rights to a thing!
The thing itself is not property, but property consists of a bundle of rights
what are bundle of rights
the rights that can be asserted as an owner of a thing
Jacque v steenberg homes ( right to exclude case; dragging mobile home thorugh property, punitve damges allowed?
facts: D had to deliver a mobile home to land near P, and D said the easiest way was through P’s land; D asked if they could do that but P said no, despite this D drove through Ps land and P called the sheriffs department and the sheriff gave D a 30 dollar citation. At trial the TC set aside the jury award for 100k dollars, because they reasoned that if you don’t have an actual, compensable harm, no punitive damages can be awarded
isssue: when nominal damages are awarded for an intentional trespass to land, can punitive damages also be awarded?
Holding/rule of law:
Broad: (under WI law) when nominal damages are awarded for an intentional trespass to land, punitive damages may, in the discretion of the jury, be awarded.
case: a 30 dollar forfeiture and a one dollar nominal damage award are not likely to restrain D from similar conduct in the future, but an appropriate punitive damage award probably will
main take away from jaque/why they uphled puntative damages
the right to excldue is essential; right without enforcment is no right at all
If they were to not issue the punitive damages, what’s to stop D from concluding that in the further, delivering its mobile homes via an intentional trespass and paying the resulting forfeiture, is not more profitable than obeying the law
nominal v punitive damages
Nominal damages- a small amount of money awarded to a plaintiff in a lawsuit to show that they were right but suffered no substantial harm
Punitive damages= damages exceeding the simple compensation and awarded to punish the defendant
people v walker: D steals illegal slot machines
Facts: argued that illegal contraband cant be the subject of burglary
issue” did the slot machine owner have property rights to the stolen machine
yes! The right to destroy or turn in the slot machine belonged to the owner, and walker took that right away by stealing the slot machine
Broad: there are no property rights innate in objects themselves
Narrow: the D was legally convicted of burglary because the illegality of the possession does NOT STRIP AWAY THE RIGHTS of the owner to possess that object and not get it taken away from them from other individuals
how is property relationship
property isnt the item, its the relationship between you and everyone else
Eyerman (right to destroy); womans’ will requires house to be razed
facts: Johnson lived in a subdivision, and she died, her will provide that her home was to be razed at her death, neighbors were opposed to it as it might lower property values
issue: can someone’s right as owner of a property to destroy that property be enforced when its destruction would go against public policy/create a waste.
when a landower attempts to compel his successor in interest to do to the land something against PUBLIC POLICY, a court may deem the condition void
Demolition of the dwelling would result in an unwarranted loss to the estate, public, and plaintiff; to allow an executor to exercise such power stemming from apparent whim goes against public policy.
what are the rights a person can assign to a res/thing (5 in all) define them as well
- The right to exclude: enables the owner to EXCLUDE anyone from gaining access to the res/the thing
2.The right to possess: enables an owner to occupy the property
3.The right to transfer: aka the right to dispose; enables an owner to sell, rent, or give away the res/thing to another person
alienability= characteristic of transferability
4.The right to use or enjoy: enables an owner to use the res/thing as he or she desires
This right can be exercised just as long as the use does not injure others enjoyment of their res – if you injure=considered a nuisance
- The right to destroy= enables the owner to terminate the existence of the res/thing
ADD STUFF FROM UNDERSTANDING PROPERTY
