100%(1)1 out of 1 people found this document helpful
This preview shows page 2 - 5 out of 14 pages.
GENERAL RULE: any owner may freely alienate any property to anyone limited in scope by public policy.- In order to transfer property, one musthave title to convey to others. (Johnson)- You cannot sell what you do not own!!- CHAIN OF TITLE: Succession of ownership over timeRestrictions:-Market-inalienablemeaning 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 Fence2.Private NuisanceGENERAL 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 OthersGENERAL RULE: Each owner has a broad right to exclude others from
- The court may find instances where because of important social policies theright to access will override the owners right to exclude. (ie. Police, medical personnel)property.- Landlord are entitled to reasonable access with notice.Right to DestroyGENERAL RULE: Landowners have the right to destroy property unless destruction contravenes with public policy.CHAPTER 2 – OWNING “REAL” PROPERTYFrom “Rights” to “Relationships”Property owners both hold rights and owe duties…..4 distinct elements with a “correlative” counterpartRights -------------------------DutyPrivileges---------------------- No RightPowers------------------------- LiabilityImmunities -------------------- Disability3 Ways of Acquisition of Property Other Than by Voluntary TransferRULE OF CAPTUREPOSSESSION (unowned things)The law of DiscoveryAcquisition by discovery is related to first possession. Ex. If you discover a rare shell on an unownedbeach, you are simultaneously its discoverer and first possessor. HOWEVER, if captured on private land:apply the doctrine of Ratione Soli.The law of captureUnowned property that is captured (e.g. wild animals, fugitive minerals like oil and gas) becomes theproperty of the person effecting the capture. Pierson v. Post The law of CreationLots 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
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 newmaterials. (Depends on: mental state of improver (good faith v. trespasser = conversion); degree oftransformation (waives in favor of compensation or giving full property to original owner); and relativevalues contributed (if the final product is of greater value than the raw materials).