Group Outline FINAL - Singer Text Notes for Property...

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Singer Text Notes for Property Chapter 1 1) § 1.1 What is property (p. 2) a) Property concerns legal relations among people regarding control and disposition of valued resources. b) Property is not necessarily "things." c) 1.1.2 Ownership v. Bundles of Rights. i) Ownership concerns a package of distinct entitlements, and we should understand it as comprising a bundle of rights. ii) We assume owners can do whatever they want with their property, but this is only partly true. iii) If use of our property affects others, our legal rights may be limited to protect the legitimate property and personal interests of others, as well as those of the community. (p. 3) iv) We can unbundle our property rights of ownership and give, lend or lease them to others. v) When this happens, you are not the owner of the property, but the owner of a different set of rights-- reversion rights, that guarantee the property will return to you when the lease is up. d) § 1.1.3 Individual Entitlement v. Property as a System. i) Property is a system, as well as an individual entitlement. ii) Systemic norms—developed for fairness and efficiency iii) Community norms—zoning, environmental laws protect the community iv) Efficiency—market created for housing, and processes to make the system work e) § 1.1.4 Regulation v. Construction of a Property System (p. 4). i) The institution of a property system entails difficult judgments about the definition, allocation, and enforcement of legal rights, including both property rights and personal rights. ii) State chooses to regulate to protect security and property rights iii) Having a property system necessitates that you will have to make decisions between competing claims between different property rights. f) § 1.1.5 Legal Relations (p. 5). i) Wesley Hohfield introduced the idea that legal rights (including property rights) describe relations amoung people, rather than relations between people and things. ii) He identified four basic types of legal right (rights, privileges, powers and immunities). (1) Rights--claims, enforceable by state power, that others act in a certain manner in relation to the right holder. The correlative of a right is a duty. (2) Privileges or liberties--permissions to act in a certain manner without being liable for damages to others and without others being able to summon state power to prevent those acts. The correlative of a privilege is a "no-right," the lack of ability to stop something that may not be the best thing for you. (3) Powers--state enforced abilities to change legal entitlements held by oneself or others. The correlative of a power is the inability to stop or interfere with it. (4) Immunities (p. 6)--security from having one's own entitlements changed by others. iii) Though these precise terms never caught on, the concepts are useful.
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This note was uploaded on 08/28/2008 for the course LAW 433 taught by Professor Wooley during the Spring '08 term at University of Texas at Austin.

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Group Outline FINAL - Singer Text Notes for Property...

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