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PROPERTY 1
1. CHAPTER 1: THE CONCEPT OF PROPERTY
Why recognize property?
A. Five theories justifying property rights
1.
2.
3.
4.
5.
Occupancy:
1. Manifests an unequivocal intention of appropriating the
animal to his individual use
2. Has deprived him of his natural liberty
3. Has brought him within his certain control
a. Pierson v. Post
C. What is property?
1.
Right to Transfer
1. General Rule: can alienate ones rights but may be restricted
on public policy grounds
a. Johnson v. MIntosh
i.
ii.
Relied on conversion
Utilitarian- betterment of society
1. Would have chilled medical research if found liable
2.
Right to Exclude
1. General rule: the holder of title to a tract of land may
prevent anyone else from entering upon it
2. Trespass:
a. Intentionally entering land in the possession of another or
causing a thing or third person to do so
i.
3. Privilege
a. Consent
b. Necessity
i.
State v. Shack
1. Right to exclude must give way to fundamental rights
(rights of the migrant workers for health and legal
counsel)
3.
Right to Use
1. General rule: landowner has the absolute right to use his
property in any way he wished as long as he does not harm
the rights of others
2. Exceptions
a. Nuisance
i.
Spite fence:
1. Rule: No property owner has the right to erect and
maintain an otherwise usesless structure for the sole
purpose of injuring his neighbor
a. Sundowner Inc. v. King
i.
ii.
Private Nuisance:
1. Rule: (1) intentional (2) non-trespassory, (3)
unreasonable and (4) substantial interference with (5)
the use and enjoyment of the plaintiffs land
a. Prah v. Maretti
i.
Right to Destroy
1. Death restricts your rights
a. Eyerman v. Mercantile Trust Co.
i.
(i) Exceptions
1. Tame or Domesticated Animals (if it has the habit of return)
2. Constructive Possession
a. Right to exclude will trump rule of capture
i.
2.
Rule of Find:
1. The finder has superior title of the lost possession to the
whole world except to the rightful owner
a. Lost property
i.
b. Mislaid property
i.
Gift Rule:
1. Immediate transfer of property rights from the donor to the
donee without any payment or other consideration
a. Inter viovs gift:
i.
ii.
iii.