Property_Outline[1] - Property Outline Property No absolute right to property-subject to essential rights of people Property rights are from the

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Property Outline Property No absolute right to property-subject to essential rights of people Property rights are from the sky to the center of the earth Can’t convert something you don’t own, and don’t own cells from body Water Rights (non-navigable streams) Reasonable use doctrine-can use as much as you want for natural uses, but for artificial it is a reasonable amount as judged by a jury o Priority of ownership may bear some weight o Take into account: 1. purpose of use, 2. suitability to watercourse, 3. economic value of use, 4. social value, 5. extent and amount of harm caused, 6. practicality of avoiding harm by adjusting use or method of one, 7. practicality of adjusting quantity of each, 8. protection of existing values of water uses, land, and investment enterprises, and (existing rights) 9. justice of requiring user causing harm to bear the loss Reasonable use is only for riparian land in the same watershed, and there must be damages before suit may be brought Definitions of riparian land may include: o Common source of title-included original grant to riparian owner w/in watershed, minus subsequent conveyances o Common ownership (limited)-all contiguous land owned by riparian owner w/in watershed, whenever acquired o Common ownership (unlimited)-all contiguous land owned by riparian owner (maximizes water use) Prior appropriation theory-first come, first serve (alternative to reasonable use) Finding Accession-things affixed to the land become part of the land Occupancy-movables found on the earth and not previously claimed belong to the person who first finds and possesses them Accretion-gradual deposits to riparian land become part of the land and gradual erosion is lost, but there is an exception where there is an immediate change rather than a gradual process Rule of capture-you catch a wild animal you own it, but if you turn it back loose, you don’t As coleum as infernos-oil belongs to whoever’s land it is under Abandonment falls out of occupancy rule since it is the intentional relinquishment of a claim of ownership, but this is not applicable to property since it is still valuable to society by just sitting
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To claim a moveable, must take possession and not just express intent, which is physical possession. Where is not abandoned, finder has right against everyone but the owner; if it were stolen, would have rights against thief as right in time b/c would go after original thief. o These rights are also against a store owner where the lost article was found in a shop If home is requisitioned and have never lived there, items found were not in your possession Agency-if an employee finds something w/in the scope of their hired duties, they find it for the employer Where an item is no lost but mislaid (purposefully placed), it is the duty of the shop-owner/person that the losing party will seek information from that gets the item, but held to reasonable care of the item
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This note was uploaded on 03/31/2008 for the course LAW prop taught by Professor Sherwin during the Spring '06 term at Cornell University (Engineering School).

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Property_Outline[1] - Property Outline Property No absolute right to property-subject to essential rights of people Property rights are from the

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