Property 1 Outline Chapter 1 Right to Exclude Others From Private Property

Jacque & Jacque v. Steenberg Homes Rule of Law- When nominal damages are awarded for an intentional trespass to land, punitive damages may also be awarded. First Impression. The court held that the rationale supporting the compensatory damage award requirement is not applicable when the wrongful act is an intentional trespass to land. The rationale for the requirement is that if the individual cannot show actual harm, society has little interest in having the unlawful, but harmless, conduct deterred and punitive damages are inappropriate. The court has recognized that in certain circumstances of trespass, the actual harm is not the damage to the land, but the loss of the individuals right to exclude others from his property, and has implied that the loss of this right may be punished by a large damage award despite the lack of measurable harm. The court must consider three factors in determining whether a punitive damage award violates the Due Process Clause: 1) the degree of reprehensibility of the conduct; 2) the disparity between the harm suffered and the award; and 3) the difference between this remedy and the penalties authorized or imposed in comparable cases.

Ds intentional trespass demonstrated an indifference and reckless disregard for the law and for the rights of others. Such an award is necessary to deter similar conduct in the future.

Compensatory Damages- measure of damages necessary to compensate victim for actual injuries suffered. Punitive Damages- Damages exceeding the actual injury suffered for the purposes of punishment of the defendant, deterrence of the wrongful behavior or comfort to the plaintiff. Trespass to Land- Physical invasion of the plaintiffs property that is intended and caused by the defendants conduct.

Intel Corporation v. Hamidi

Rule of Law- Trespass to chattels does not encompass an electronic communication that neither damages a recipient computer system nor impairs its functioning. Trespass to chattels does not encompass an electronic communication that neither damages a recipient computer system nor impairs its functioning. Such an electronic communication does not constitute actionable trespass to personal property because it does not interfere with the possessors use or possession of, or any other protected interest in, the personal property itself. To prevail on this particular claim, P would have to prove injury to its computer systems- as where the quantity of e-mail (spam) overloads a system. Trespass to Chattels- action for damages sustained as a result of defendants unlawful interference with plaintiffs property.

Chapter 2 The Right to exclude others from Semi-Private Property: Free Speech Rights Versus Property Rights.

State of New Jersey v. Shack and Tejeras

Right to Exclusive Possession

Rule of Law- Real Property rights are not absolute; and necessity, private or public, may justify entry upon the lands of another. Private lawyer to prosecute criminal case. On appeal tedescos attorney sisnt show up so the state took over. Property Law- is to satisfying human needs, not necessary being logically consistent. Real property rights are not absolute; and necessity, private or public, may justify entry upon the lands of another. This rule is based upon the basic rationale that property rights serve human values. They are recognized to that end and are limited by it. A central concern is the welfare of the migrant workers- a highly disadvantaged segment of society. outside of the mainstream of the communities in which they are housed and are unaware of their rights and opportunites, and of the services available to them As such, here, the necessity of effective communication of legal rights and of providing medical services for migrant workers justifies entry upon the private property. Furthermore, the migrant farm worker must be allowed to receive visitors of his choice, so long as there is no behavior harmful to others, and members of the press may not be denied access to any farm worker who wishes to see them. The defendants also maintain that the application of the trespass statute to them is barred by the supremacy clause of the united states constitution, Art. VI cl. 2 and this in the premise that the application of the trespass statute would defeat the purpose of the federal statutes, under which scope and crls are funded, to reach and aid the migrant farmworker. The defendants work for SCOPE and CRLS. Whether the migrant worker should be deemed a tenant and thus entitled to the tenants rights to receive visitors. No legitimate need for a right in the farmer to deny the worker the opportunity for aid available from federal, State, or local services, or from recognized charitable groups seeking to assist him.

Not deny the worker his privacy or interfere with his opportunity to live with dignity and to enjoy associations customary among our citizens.

New Jersey Coalition Against War in the Middle East v. J.M.B. Realty Corp. Free Speech Rights and Private Property

Rule of Law- The extent of free speech rights on private property depend on the nature of the use of the property, the extent of the public invitation to use that property, and the purpose of the speech activity in relation to the use of the property. Should property lose its private character because people use it for general commercial use. Standards taken into account: 1. What is the normal use of the property? 2. extent of the public is invited to to use it. 3. the purpose of the expressional activity in relation to both its private & public use. The New Jersey right to free speech has been held to confer some rights against interference from private property owners, The holding in (State v. Schmid), determine that there are some free speech rights on private property provided that the use of the property and the nature of the speech meets certain criteria. The characteristic of the use of large shopping center malls is their all-inclusiveness. Malls are like the public areas of towns and cities. Malls make an all-embracing invitation to the public and have significant nonretail uses. Leafleting not a burden on retail locations. The court limits to leafleting and the mall sets the reasonable times, place, and manner restrictions.

Chapter 3 Landlord-tenant: The Right of Exclusive Physical Possession Lease- An agreement or contract that creates a relationship between a landlord and tenant (real property) or lessor and lessee (real or personal property). License- A right that is granted to a person allowing him or her to conduct an activity that without such permission he or she could not lawfully do, and which is unassignable and revocable at the will of the licensor.

Beckett v. City of Paris Dry Goods What is a Lease?

Rule of Law- An agreement to permit the operation of a business in a store in an unspecified area is a lease where the parties act upon it so as to relate to a specific place and use the leasehold terminology in the writing. Lease- exclusive possession and exclusion rights. 1. occupy a fixed space 2. space identified clearly 3. exclusive possession & exclusion rights 4. Document- tenant of lease 5. pay rent License- uses of the land still in the possession of the licensor. No exclusive rights. 1. moved around at will by landlord 2. indistinct space 3. no exclusive possession & no exclusion rights 4. something other than tenant of lease 5. something other than pay rent Its a lease.

The written agreement is referred to in its text as a lease, the normal leasehold covenants are contained within and a restriction against assignment is included. No specific space but Ps space never changed. A mere license could have been terminated in the event D intended to terminate this agreement. Characteristics of Beckett contract that points to a lease. Contract had a specific term. A License is revocable States that lease cannot be assigned Referred to lessor/lessee relationship Referred to as a lease in the contract Monthly rent. License indicators in Beckett contract. Indistinct space in contract Accounting done by D Fire an Beckitt employee by pariss direction. The court looked at intent, language, and actions. How business was conducted. It is the amount of control the landlord has in determining if it is a lease or license.

Wenner and City of Phoenix v. Dayton-Hudson Corporation License Agreement Rule of Law- A license agreement is formed when a tenant does not have exclusive possession or any interest whatsoever in the premises being leased. A license agreement is formed when a tenant does not have exclusive possession or any interest whatsoever in the premises being leased. Section 5 of the contract states that it is a license, not controlling. P is obligated to furnish an agreeable amount of space in the store.

The space may change from time to time at Ps direction. Retailer is not to receive any interest in the real property or exclusive possession of any portion thereof. Retailer has access to the premises only when the store is open to the public and may conduct business only at those times. Retailer is required to use Ps trademark and trade name in conducting business. These factors make it a license. Proceeds from license agreements were not taxable. Proceeds from lease agreements were taxable. License No interest in property No exclusive use of property No access outside of business hours. Lease Non-assignability clause (Beckitt- lease)

Typically leases can be assigned, Licenses cannot be assigned- because it can be terminated at any time. No possessory interest. Exclusive Possession- possession of property to the exclusion of all others; constitutes a requirement for the acquiring of property through adverse possession.

Interference with Actual Physical Possession and Quiet Enjoyment 1. Interference at the Commencement of the Lease Term Landlords covenant of quiet enjoyment implied all leases which includes the right to physical possession of the leased premises. Most states go further and hold that the landlord is obligated to furnish actual physical possession to the tenant. American Rule