GENERAL RULE any owner may freely alienate any property to anyone limited in

General rule any owner may freely alienate any

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GENERAL RULE: any owner may freely alienate any property to anyone limited in scope by public policy. - In order to transfer property, one must have title to convey to others. (Johnson) - You cannot sell what you do not own!! - CHAIN OF TITLE: Succession of ownership over time Restrictions: - Market-inalienable meaning some items cannot be sold at all (e.g., human body organs) - Cannot be transferred at death (e.g., a life estate) Right to Occupy the Land (Use) Ways to Injure: 1. Spite Fence 2. Private Nuisance GENERAL RULE: Landowner is entitled to use land as she sees fit, as long as she does not injure the rights of others. Remember: If O leases Redacre to tenant T for a 20-year term, O temporarily surrenders his right to possess and use the land; but O still holds property rights in Redacre. Right to Exclude Others GENERAL RULE: Each owner has a broad right to exclude others from
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- The court may find instances where because of important social policies the right to access will override the owners right to exclude. (ie. Police, medical personnel) property. - Landlord are entitled to reasonable access with notice. Right to Destroy GENERAL RULE: Landowners have the right to destroy property unless destruction contravenes with public policy. CHAPTER 2 – OWNING “REAL” PROPERTY From “Rights” to “Relationships” Property owners both hold rights and owe duties…..4 distinct elements with a “correlative” counterpart Rights -------------------------Duty Privileges---------------------- No Right Powers------------------------- Liability Immunities -------------------- Disability 3 Ways of Acquisition of Property Other Than by Voluntary Transfer RULE OF CAPTURE POSSESSION (unowned things) The law of Discovery Acquisition by discovery is related to first possession. Ex. If you discover a rare shell on an unowned beach, you are simultaneously its discoverer and first possessor. HOWEVER, if captured on private land: apply the doctrine of Ratione Soli. The law of capture Unowned property that is captured (e.g. wild animals, fugitive minerals like oil and gas) becomes the property of the person effecting the capture. Pierson v. Post The law of Creation Lots of property is acquired by creation (e.g., copy rights, patents, trademarks, etc.) A key issue with respect to intellectual property is the degree of exclusivity the creator ought to have. POSSESSION (Owning “Real” Property) Trespass
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Subject to strict liability if: (1) intentionally; irrespective of subjective intent to trespass; and (2) enters land of another or causes a thing or third person to do so. (RST 2d Torts § 158) Trespass Exceptions Consent; Necessity. The court says that the possession of land carries with it everything attached to or under the land. Doctrine of Accession - when one person adds to the property of another either labor or labor and new materials. (Depends on: mental state of improver (good faith v. trespasser = conversion); degree of transformation (waives in favor of compensation or giving full property to original owner); and relative values contributed (if the final product is of greater value than the raw materials).
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