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PROPERTY OUTLINEThings to ConsiderIf SoL is mentioned, it better be used somewhereAlmost every fact will yield at least one issueAdverse possession and conversionLost, abandoned, mislaidServitudes – Easements, Real Covenants and Equitable ServitudesImportant Cases and standardsFair Housing Act and protected classesFair use vs. commercial useOwner/tenant distinction (if A is owner, no reason to talk about sublease/assignment) – call a lease a leaseNegative reciprical easements? AppurTENANTWHAT IS PROPERTY? I-1•Two conceptions of propertyoa right to a thing against the world (Cohen)oa “bundle” of rightsoTrespass to Land I-2Courts generally grand great protection to the right of owners to exclude others from their landJacque 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 harmoLimitations to the right to excludeMistaken improvement – when a neighbor mistakenly improves the owner’s land, the owner
may not be able to remove the encroachment – unless the encroachment was done knowinglyCivil 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 trespasso4 ways to carve out exceptions to over flights from ad coelum rule - theoriesaction 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 sueactionable 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 oPhilosophical Perspective (I-15)J.E. Penner•In rem v. in personam rightoIn 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 personoIn personam only creates a duty in a small and definite numberTom 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•