#16619 - Property Outline

Property as A Bundle of Sticks
1. Destroy: Eyerman cf. Kievernagel
2. Abandon: Hawkins v. Mahoney cf. Pocono Springs
3. Exclude: Jacque v. Steenberg cf. Stack v. Shack
4. Permanent invasion NOT ok Loretto
5. Alienate (Transfer)
  1. Cannot alienate a life estate in fee simple (alienating a life estate is a wrongful transfer, reverts back to grantor)
  2. Can alienate all FSs, and all determinable fees
  3. Cannot alienate your body – Moore
  4. Can alienate an easement, but you cannot sell it
  5. Impression Products v. Lexmark A patentee’s decision to sell a product exhausts all of its patent rights in that item
Possession is 9/10^ths of the Law (Or 11 points in the law, according to Colley Cibber)
1. Armory, Hannah v. Peel Law of finders: the finders interest is good against the entire world except the true owner
2. Manillo v. Gorski , Harold v. Kunto (taking in AP), O’Keefe v. Snyder Adverse Possession
  1. Disability: infancy, insanity, and imprisonment
3. Acquisition by capture (ratione soli)
  1. Johnson v. McIntosh
  2. Popov (baseball – person thwarted by unlawful conduct has pre-possessory interest, must have complete control over the ball to have possession)
  3. Keeble (ducks)
  4. Ghen v. Rich (whale – taking industry accepted steps to possess the whale enough)
  5. Fugitive resources - The rule of capture quickly came to be applied to the acquisition of all sorts of fugitive (moving) resources, including oil and gas. It led to preoccupation with capture technologies and excessive ecological exploitation compromising many natural habitats.
Property Rewards the Productive Use of Land
1. Eminent domain
2. Zoning
3. Adverse possession
4. Waste doctrine (permissive, voluntary, ameliorative) – life tenants may not engage in any of these kinds of waste
5. Delfino Partition in kind
6. Incentive vs. regulation schemes to control environmental pollution – incentive schemes might help reach the optimal level of pollution (sources with low control costs will control to greater degrees than sources facing higher costs – result is total outlay for given level of quality will be minimized) See. Acid Rain Provisions of 1990 Clean Air Act
Property Endeavors to Honor the Parties’ Reasonable Expectations
1. Kievernagel – guy wanted his sperm destroyed
2. Ghen v. Rich - no one would engage in a venture if the fruits of his labor could be intercepted by a chance finder
  1. Cf. norms of hunters (to respect hot pursuit) ignored in Pierson
3. Willard – grantor’s intent was that she clearly wanted the church to have an easement, so court honored this expectation over and above the age old stranger to the deed rule
4. Delfino Partition in kind – people will not have incentive to build, develop if they fear partition in sale
5. IP rights – people believe when they invest intellectual labor in an end they will be able to derive profits from it
6. Covenant of Quiet Enjoyment – Implied Warranty of Habitability
7. Implied Warranty of Marketability
Property’s Common Law Rules Are Largely the Product of an Agrarian Culture, When Land Was Paramount and Structures Atop the Land Were Incidental
1. PA Coal v. Mahon even though subsidience the higher value use of the coal company of the support parcel outweighed the homeowner’s interest
  1. Cf. Keystone
2. Primary modern forms of servitudes (easements, real covenants, equitable servitudes), are largely products of closing of common fields when suddenly rights of way were needed
First in Time is First in Right
1. Pierson v. Post, Ghen v. Rich, Keeble, Popov, Peel
  1. Antithetical is Adverse Possession
2. Acquisition by discovery – sovereign...

#16619 - Property Outline - Property

About Oxbridge

More Property Samples