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Three Planes
PROPERTY IN GENERAL
I. Five Theories
Protect first possession
First come, first serve
Encourage/Reward Labor
Acquisition through labor
Societal Happiness/Utilitarian Approach
Maximize societal wealth
Ensure Democracy
Personal Development
II. Occupancy/Possession
Deprivation of natural liberty
Unequivocal intention of appropriation
Control
Examples:
Pierson v. Post
Pierson had intention of appropriation but didn’t deprive of natural liberty or have full control, therefore Post gets fox
Where an actor undertakes significant but incomplete steps to achieve possession of a piece of abandoned property and the effort is interrupted by the unlawful acts of others, the actor has a legally cognizable pre-possessory interest
Poppov v. Hayashi
Pre-possessory interests
Conversion is the wrongful possession of personal property rightfully owned or possessed by another.
III. Common Law Rights to Publicity
Defendants use of plaintiff’s identity
Appropriation of plaintiff’s name or likeness to defendants advantage commercially or otherwise
White v. Samsung
Viewed all facts together amounted to likeness
Wig
Wheel board
Dress
Lack of consent
Resulting injury
WHAT IS PROPERTY?
Not a thing just an interest
Changes over time
Chain of title: think of each owner as a different link
I. Bundle of Sticks
Right to transfer
Right to exclude
Right to use
Right to Destroy
II. Limits on Property Rights
Defined by government
Not absolute- can generally transfer but there are limitations
Exceptions
Moore v. Regents
Public policy: don’t want to discourage scientific research
Can’t sell parts that don’t regenerate
Can be divided
Evolves as law changes
III. Right to Exclude- Very Important Stick
Property right serve human values so human rights come before property rights
Employer can require visitor to ID self or state purpose
BUT can’t deny access if employee lives there
Representatives from government agencies may enter premises
But competitors can be denied access
Example: State v. Shack
Migrant workers can have social workers aid and labor lawyer visit on owner/employer’s land
IV. Right to Use
Spite Fence
Prohibited when:
Serve no useful purpose
Causes injury to neighbors and constructed with malicious intent
Example:
Sundowner v. Kim
Can’t erect sign for sole purpose of injuring neighbor
Grant advertisement sign was a spite fence
Vanderpool v. Starr
Rows of trees can be a spite fence
Unable to prove it prevent plaintiff use and enjoyment
Private Nuisance
Intentional
Non-trespassory
Unreasonable
Substantial interference
Use and enjoyment of plaintiff’s land
Right to Destroy
A well ordered society cannot tolerate the waste and destruction of resources when such acts directly affect important interests of other members of society
If the person is dead, they must have stated a reason
Eyerman v. Merchantile Trust
Didn’t put reason why home in historical area
Shouldn’t be destroyed would devalue other homes in area
ADVERSE POSSESSION
NOTE: THIS CAN BE TESTED IN THREE WAYS: SQUATTERS (CAN BE TRIGGERED BY OUSTER), PRESCRIPTION OF EASEMENT, TERMINATION OF EASEMENT
Policy Reasons
Efficiency- prevents frivolous claims
Correcting title defects
Encouraging development
Promotes productive use of land
Protecting personhood
Clear and Convincing Evidence
The standard of proof in most jurisdictions for Adverse Possession is clear and convincing evidence
Five Elements
Note: All elements must exist for the entirety of the statutory period
Actual Possession
Color of title
Invalid written instrument, defective deed
With a color of title you get the entirety of the land not just the part that you cultivated, which is what you would get if you had no title or fake title, etc.
Physically occupy some portion of the land
Exclusive Possession
Exclusive dominion and control
Reasonable owner standard
Did the adverse possessor use land as the true owner would have
Open and Notorious
If the true owner had inspected would it have revealed the possessor on the property
“Hung the flag for all to see”
Adverse and Hostile—no permission
Vanvalkenberg v. Lutz
Filed for easement had permission to use the land, admitted he wasn’t the rightful owner
3 Types
Bad faith
Know it isn’t yours and act as it is
Good faith
Genuinely think you have a claim, but are mistaken
Objective
If objective look at the other elements because mindset doesn’t really matter
Majority rule
Continuous
All elements (a-d) must be continuous
Tacking and privity
Tacking requires privity
If the adverse possession of the successive occupants are in privity
Privity
Established by showing special relationship between consecutive owners by transferring of deed or title or color of title
Example:
Howard v. Kunto
Summer occupancy rule, requires such possession as an ordinary owner would use
Tolling the Statute of Limitations
Minor
Mentally incapable from the start of possession
Nielsen v. Gibson
Court couldn’t prove Nielsen was insane at time adverse possession started so defendant gets quiet title
Active duty
Statutory based not always there
INTELLECTUAL PROPERTY
Rationale
US Constitution Article I Section 8
Promote progress of science and useful arts by securing for limited time to authors and inventors the exclusive rights to their respective writings and discoveries
Governed by federal law
Exceptions are:
Right of publicity
Trade secrets
Copyright
Applicable for:
Original work of authorship fixed in a tangible medium of expression
Books
Computer games
Plays
Sculptures
Copyright Requirements
Originality (low threshold)
Requires more than a “de minims quantum of creativity.”
Work of...
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