Yolanda Rondon Property I. Acquiring private property A. take, possess, capture d. adverse possession B. gift e. labor C. inheritance f. purchase, sell, transfer Bundle of Sticks Right to destroy, exclude, possess, use, transfer/alienate II. Types of Property A. Real property- land, structures, houses (real estate) B. Personal (chattel) property- personal goods, car, jewelry C. Intangible property- song, software, stocks, intellectual property Pierson v. Post Pursuit alone is not enough. Must take actual possession of animal or take some action to deprive the unowned wild thing of its natural liberty, & subject it to its control. White v. Samsung (appropriation of identity) Any person who knowingly uses another name, voice, signature, photograph or likeness in any manner for advertisement/selling without person consent is liable for damages sustained by the person or person’s injured as result thereof State v. Shaw To acquire property right in animals, the pursue must bring them into his power and control, & so maintain his control as to show that he does not intend to abandon them again to the public at large III. Property Theories First Possession - person who originally possessed item, is the property of them Lockean Labor Theory - work to capture or earn possession, then it belongs to you Utilitarian - maximize utility for own happiness or for better good of society (use of resources efficient manner) Personhood - personal connection to item, part of who they are Nominal damages: recognize legal harm Punitive damages: punishment - deter future actions IV. Trespass Both society and individuals have interest in deterring intentional trespass Individual: legal right, has value regardless of impact to land prevent harm protect privacy of home Society: punish and deter trespassers observe & respect the law regardless of the harm preserve integrity of legal system (utilitarian theory) Jacque v. Shack flexibility of property rights - property rights serve human values. They are recognized to that end and are limited by it. An organization set up to serve society may trespass to protect a migrant worker V. Adverse Possession A. Justifications
Prevent stale/frivolous claims Encourage Development (utilitarian, put land to valuable use) Correct title defects Protect personhood interest disseisor - person possessing the land disseisee - person whose land is being possessed Quite title - (disseisor files) legally want to have land in their name Adjunct title - (disseisee files) no legal questions, want the people off land B. Elements Actual possession - physically use the land in the same manner that a reasonable owner would, given its character, location and nature Exclusive possession - cannot be shared with the owner or public Open and notorious - must be visible to others, so that if the owner made a reasonable inspection of the land Open- not secretive Notice- must put others on notice & true owner Hostile possession Bad faith - intended to take someone else land Good faith - disseissor believed it was their land
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- Fall '08
- Future interest