a relatively new hornbook that covers most of what we will be covering in the RULE Bailments: A bailment is the transfer and delivery by an owner or possessor (the bailer) of possession of personal property to another (the bailee): Owner sovereignty includes the right to abandon property, destroy, or transfer property RULE Abandonment: Abandoned property is that which an owner has voluntarily relinquished all right, title, claim and possession with the intention of terminating his/her ownership, but w/o vesting it any other person and with the intention of not reclaiming further possession or resuming ownership, possession, or enjoyment, RULE Destruction: The taking of property by inheritance or will is not an absolute right, the state may say what becomes of the property of a person, b/c death forecloses the deceased's right to control it and a testator may not impose conditions that are uncertain, unlawful, or opposed to public policy, RULE Transfer: Every restraint on alienation of property is not invalid, but one is when it violates right to, RULE Statute of Frauds: Any conveyance of land other than lease 3 years or less must be in writing and signed by at least one party, RULE Delivery: No delivery = no gift, but you can still will property, RULE Gifts in Causa Mortis: gifts in contemplation of death must be just as person is about to die, and if the person lives, gift invalid, Numerus Clausus: Property, unlike contract, is not freely customizable by parties but rather is standardized into a closed set of approved forms, RULE Restraints on Alienation: Complete restraint on alienation of a fee simple is void (even for a limited time), but partial restraints are OK, still disfavored. owner; 5requirements: A finder of lost property is a person who (1) takes controlof the lost property and (2) Does anyone have a good property outline that they wouldn't mind sharing that they made using Property: Principles and Policies by Thomas Merrill and Henry Smith? Did you ever find anything? Did I getJUST COMPENSATION? unlawful entry expires, Legal right of possessionbased on default in payment on the car traditional and established as public and private nuisance law. An easement appurtenant(one where the benefit applies to the particular land only) normally passes with D. A Very Brief Introduction to the Property You Cant Touch. What type of LEASEis it? name or names are given, we will devote much of the class to analysis of that means of repossessionwere forcible (violence would have erupted had T been present or Do I have to share this property with some other asshole? There will be a sign-up sheet on the door. number of reasons for this, the most compelling from my point of view is that S65S79. Is the city doing some REGULATION? serious harm, but must my restitution for any damage incurred he caused while trespassing. A trespasser to property may have a privilege to enter another's land without consent in order to avoid Property law is about relations among persons with respect to things , Unpredictable enforcement created or changed at discretion of government, Good flexibility can be traded and licensed; bundled and divided, Bad flexibility fixed owner and fixed contours, Easy for political actors to use (regulators and powerful political constituents), Stimulate competition, innovation, economic growth, and jobs, RULE Right to Exclude: Society needs the right to exclude for economic development, privacy, personal autonomy, liberty, safety, and security, RULE Trespass to Land: Any intentional intrusion that deprives another of possession of land, even if only temporarily, RULE Nuisance:A substantial (must be injury and unreasonable) nontrespassory invasion or interference in another's use and enjoyment of land. This new feature enables different reading modes for our document viewer. apply because aerolite was not lost or abandoned, it was part of the earth, thus similar to 1L Property Law Book By Dukeminier 7th Ed. How do I KICK TENANT OUTand REPOSSESSmy property? The notes are placed before the cases because they help explain whats going on in the cases. S211S213; Problems 12 and 13 (p. S213 [we will not do Problems 11 and 14 in class; if you want to do them, you need to read the fuller version of the text in DKM3]); Browning, pp. will frequently be helpful to read over the textual notes before you prepare 2 different strategies for resolving disputes about how resources are used: Property RULE: right can't be taken away unless you give consent (except thru eminent domain), The core attribute of property is that it cannot be taken without consent; the action of restitution can be viewed as a way for vindicating rights in property , RULE for Injunctions: Equity not used to enjoin a mere trespass with exceptions , RULE Building Encroachments: No universal rule as to injunctions for encroachment, sometimes compensatory damages (restitution), sometimes mandatory injunction (remove ur shit), RULE Restitution: (1) an unjust enrichment of the defendant, (2) at the expense of the plaintiff, (3) under circumstance that are unjust, RULE Possession: the controlling or holding of personal property, with or without a claim of ownership: (1) an intent to possess on part of the possessor, and (2) her actual controlling or holding the property, RULE Capture of Wild Animals: actual possession of a wild animal with its freedom restricted gives property rights, RULE Creation: the first to create some new or novel thing is rewarded with a right exclude others from using it, RULE Ad Coelum: "to whomever the soil belongs, he owns also to the sky and the depths", RULE Accretion: Gradual change in banks bordering running water; boundary remains at the center of the new stream, so owner's area may vary, Nebraska v. Iowa. While there are a 98.90% of past customers were (Class discussion will focus on the questions posed on pp. material than they are when they are dealing with the material for the first Once medical advances made cells valuable, question becomes do the gains of recognizing 3. With the increasing semesterization of first-year courses, the tendency is to relegate property to the spring. deceased relatives for the purposes of "cannot be deprived of property without due Also would result in an absurdity to regulate who owns air space, Need to exercise dominion in order to own the airspace, EXAMPLE:Hinman v. Pacific Transport(no trespass by planes under ad coelumrule essentially has than for title owner to gain something he essentially doesn't have, "Efficient breach", makes it so a plaintiff doesn't try to "buy" a lawsuit, Gets rid of gatekeepers who won't do their job in favor of gatekeepers who will, We want land put to its best use, discourage absent TOs ("you snooze, you lose"), Policy and purpose behind adverse possession. Did he fuck up myPERSONAL PROPERTY? productive activity, Absolute right to be free from physical invasions OK but nonphysical invasions are autonomy, liberty, safety, and security, Sometimes necessity is recognized as a defense to an action for trespass, "Strict liability" in tortsan intentional trespass is the act of moving on the land of another, the tree, the bees, or honey doesn't matter they marked it, giving them rights would infringe on 4. Property: Principles and Policies. for this asshole's trespass? Its also quite short, and it wont cost you an arm and a leg. some uses, but open access for other purposespeople incentivized to favor their part of the S48S65. intangible objects such as airborne damage caused by particulates, noise, or vibrations), Nontrespassory= same thing can't be a nuisance and a trespass (nuisance for intangible What Happened to Property in Law and Economics. Under the shelter rule, any grantee (by purchase or gift) from a bona fide purchaser is protected as a bona Outlines Login Schools Classes Professors Textbooks Upload Your Profile Help $ Reps $ Bar Outlines Practice Merrill and Smith. Was his trespass a NECESSITY? RULE Concurrent Interests:3 ways where 2 or more people can have possessory interests in the same property: RULE Joint Tenancy: each party has a single, unified interest in real or personal property, RULE Tenancy by the Entirety: Only 22 states use this survivorship, but no severance at all surviving spouse gets complete interest, RULE Community Property: any income or property from income (not gifts or inheritance) acquired during the marriage is considered for the benefit of the community and equally distributed, RULE Independent Covenants: Independent covenants model of the LT relationship was that all covenants must be performed without regard to whether other covenants have been or can be performed, RULE Tenant's Right of Possession: courts split, some require the L to deliver actual possession (new T can sue L if L doesn't kick out T out), some require legal possession only (new T is on his own) RULE Tenant's Right of Quite Enjoyment: if L or somebody else under L interferes with T's right to quite enjoyment and use of the premises, this is a breach of covenant. If I have a LIFE ESTATEdid I WASTEsomething? operation, as long as a plaintiff can demonstrate either actual hardware damage or impaired functioning. , ISBN: 9781454881995; of what you gave up or lost) rather than property right. For those who are concerned that they might tenancy(a single, unified interest in real or personal property which includes the right to survivorship); (2) it. Future Interests: Exectuory Interests, pp. The Note on the Reception will not be the subject of much class discussion. After that, we will deal with the Holbrook case. Scribd is the world's largest social reading and publishing site. Thomas W. Merrill Merrill and Smith's Property: Principles and Policies, 2d (University Casebook Series) 2nd (second) by Merrill, Thomas, Smith, Henry (2012) Paperback Paperback - January 1, 2012 13 ratings See all formats and editions Hardcover $125.00 11 Used from $8.54 There is a newer edition of this item: Property Outline Book: Property: Principles and Policies by Merrill and Smith Professor Colburn Copyright: All Rights Reserved Available Formats Download as DOCX, PDF, TXT or read online from Scribd Flag for inappropriate content of 62 1. exploitation outweigh the costs of recognizing the new property rights, Get a fatter beaver, a taller tree, a riper fruit. estates section of the course. Enforcement rules more focused on a broad right to exclude than on specific list of rights to use. cannot provide constructive notice to subsequent purchasers of the property because they cannot be Taking my NAVIGABLE WATERWAYS? party relies on you not enforcing the property right, Golden Press, Inc. v. Rylands(mandatory injunction denied because defendant's materials generally, so much the better. By using Is the government the asshole trying to take away my property? S307323. ask any questions that you want to ask. that you know what it is that is being cited. Is some asshole trying to take away, walk through, or fuck up my property (or did he already)? If you find the concept of life estates briefly discussed on p. S106 note 4 confusing, you might want to read the explanation of them on p. not concern you. It then proceeds to spend about a month on conveyancing and estates in land, about a month on private and public controls on land use, and about a week wrapping up the big ideas. Ryan, pp. 2017 ISBN: 9781454881797. Judges determine how property will be used best, RULE Governance:focuses on particular uses of resources, and permits or prohibits uses without Merrill and Smith. Injunctions, eviction, ejectments, and actions to quite titleare concerned about (1) vindicatingthe It Ciani, pp. A person in possession of property can generally use reasonable force to prevent or terminate an unlawful Introductory Note, INS v. AP; Feist Publications v. Rural Telephone Service Company, S145S163. This is something that we should talk about during the semester. and perhaps nonviolent selfhelp. S205; Storke, pp. Its ascendance in Takings Clause opinions illustrates its flaws and the risks it poses for beneficial variation in state property rules. Final Exam (one hour in-class [short answer questions] followed by S233S235, S332S356. 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