Property - PROPERTY OUTLINE Things to Consider If SoL is...

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PROPERTY OUTLINE Things to Consider If SoL is mentioned, it better be used somewhere Almost every fact will yield at least one issue Adverse possession and conversion Lost, abandoned, mislaid Servitudes – Easements, Real Covenants and Equitable Servitudes Important Cases and standards Fair Housing Act and protected classes Fair use vs. commercial use Owner/tenant distinction (if A is owner, no reason to talk about sublease/assignment) – call a lease a lease Negative reciprical easements? AppurTENANT WHAT IS PROPERTY? I-1 Two conceptions of property o a right to a thing against the world (Cohen) o a “bundle” of rights o Trespass to Land I-2 Courts generally grand great protection to the right of owners to exclude others from their land Jacque v. Steenberg Homes (D moved their trailer through P’s property against P’s objection. $100,000 in punitive damages were awarded) Held that: If A wants to enter on B’s land, A should bargain with B for this right and not seize it Someone who commits an intentional trespass is subject to strict liability – irrespective of whether he causes and harm o Limitations to the right to exclude Mistaken improvement – when a neighbor mistakenly improves the owner’s land, the owner
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may not be able to remove the encroachment – unless the encroachment was done knowingly Civil Rights Laws – prohibits owners from refusing public accommodations on basis of race, religion, etc. (there may be common law rights that protect all people to access to public places) Hinman v. Pacific Air Transport (I-8) (low airplane flights blew leaves off P’s trees) Held that: We own so much of the space above the ground as we can make use in connection with enjoyment of the land Any use of airspace that is injurious to the land or that constitutes an actual interference with benefiting from the land is a trespass o 4 ways to carve out exceptions to over flights from ad coelum rule - theories action to trespass is only available to persons in possession of land – so as long as the owner of ground did not assert dominion over the air space, cannot sue actionable only if causes actual harm is trespass but owners cannot get relief because they benefit from air travel airspace is public property Court awarded entitlement to D and protected by property rule – P can only remove the entitlement by getting D’s consent to do so o Philosophical Perspective (I-15) J.E. Penner In rem v. in personam right o In rem right creates duties in a large and indefinite class of others (the world) A right of property is a right not to interfere with some thing, as opposed to person o In personam only creates a duty in a small and definite number Tom Grey (I-19) – Bundle of Sticks Whether property in land includes, as one of the stick in the bundle, the right to block airplane overflights Determine what property means by building up or cutting down the number of stick in the bundle over time
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