Property: Unit 1

-Protect First Possession
-Encourage Labor
-Utilitarianism
-Civic Republicanism
-Personhood

-Propery orders and reflects relations among people
-Property serves certain policy objectives
-Property aims to promote fairness
-Property promotes stability, while accommodating change

The idea that property rights exist only to the extent recognized by the government

The idea that the first in time obtains the first in right, so as to encourage social order and discourage the violent taking of property

The idea that each person is entitled to property produced by their own labor. When a person "mixes their labor (which they own) with unowned natural resources, the mixture is what establishes property rights

The idea that property rights should be allocated for the welfare of all citizens, and maximize society's happiness. Utilitarianism asks what the property owner is going with the property to promote the common good.

The idea that property law schould allocate valuable resources to maximize wealth, and that property owners should use their resources efficiently to maximize economic value.

The idea that property rights are allocated to provide owners the economic security necessayr to make political decisions that facilitate the common good, so as to facilitate and ensure democracy. Independence from government is symbolized through private ownership as rightholders so that citizens are not forced to depend on the good will of their government as beggars.

The idea that property rights are necessary for an individual's personal development, as people have close emotional connections to certain tangible things that are considered extensions of themselves. To be a full person, one needs some control over the resources in their external environment.

What kind of pain would the person suffer from loss in their property right? Would the monetary value of a replacement of that thing restore the status quo or make the person whole?

Property rights in wild nature are acquired by the first person to take possession of the animal. Possession is acquired by physical taking or mortally wounding. The following elements must be met: the pursuer 1) manifests an uniquivocal intention of approaching the animal for their individual use, 2) has deprived the animal of its natural liberty, and 3) has brought the animal within their control. A "reasonable prospect" of capturing the animal alone does not confer property rights over the animal.

First possession

True

Right to:
-Exclude
-Transfer
-Use
-Lease
-Mortgage
-Destroy

The right to exclude posits that each landowner has a broad right to exclude any other person from their property, as enforced by the tort doctrine of trespass.

Trespass is the 1) intentional, 2) unprivileged 3) physical invasion 4) of property possessed by another. While intent refers to a voluntary act rather than a state of mind, a trespasser's actual or constructive knowledge of their trespassing may satisfy the intent requirement.

True. Trespass does however require intent.

True, because nominal damages, punitive damages, and injunctions are available remedies.

Privilege (necessity: requires emergency/immediacy) and license (permission from owner)

In trespass, the actual harm is need not be damage done to the land. The actual harm, which occurs in every trespass, can be the loss of the individual’s right to exclude others from their property.

An interest in property that bestows the right to use anothe's property for a specific purpose

Public rights, civil rights, adverse possession

If you are living somewhere you have license to bring others onto the property. Here, a landowner who houses an employee on their property as a tenant has only the right to inquire about the purpose of the guest on the premises, but cannot exclue them from the premises, unless they are causing harm.

The right to transfer property is referred to as alienability. Generally, an owner may freely transfer or alienate their property to anyone. However, public policy may limit alienability, and there are restraints on who can transfer and obtain property, what type of property can be transferred, and how property can be transferred.

Minors and mentally incompetent persons

The character of property that makes it capable of transfer or sale.

Freedom of alienability, due to the utilitarian theory that transferablility of property is necessary to ensure the productive use of land.

An owner can't transfer property to underaged or mentally incapacitated persons

Fully alienable: Can be given away or sold
Inalienable: Cannot be given away or sold (vote; medications)
Market-inalienable: Can be given away, but not sold
Only market-alienable: Cannot be given away, but can be sold (trust/trustee relationship)

Property that may be given away, but not sold.

Discovery doctrine: Discovery gave title to the government by whose subjects discovered the land. That title must be consummated by possession which can be achieved through deals with Natives or conquest. Occupancy alone does not confer title.

False

Chain of title refers to the succession of ownership to a property over time. If two people assert competing claims to the same title, the person who is higher on that title chain will prevail.

When a party uses their own labor or materials in good faith to transform another's property, they are entitled to title over the final product. Good faith means it can't be stolen.

Conversion is a tort claim that protects against interference with possessory and ownership interests in real property. The plaintiff must show that 1) they own, or have the right to Possess the personal property at issue, 2) defendant intentionally Interfered with plaintiff's personal prperty by exercising dominion and control over it, 3) defendant's interference Deprived plaintiff of possession or use of the personal property, 4) defendant's interference caused Damages to the plaintiff.

A person doesn’t have property rights over their excised cells. Here, conversion was not met because conversion requires interference with the right of possession.

The right to use posits that the owner has the right to use their property to the extent that it does not injure the rights of others.

A private nuisance is an 1) intentional, 2) nontrespassory, 3) unreasonable, and 4) substantial interference with 5) the use and enjoyment of the plaintiff's land. Conduct is unreasonable if the gravity of the harm outweighs the utility of the actor's conduct

False. The court must weight the gravity of the harm caused by the thing against the utility of the actor's conduct to determine which outweighs the other.

A landowner may not use a spice fence solely to maliciously damage the rights of their neighbor, particularly where it provides no benefit or utility. Some jx require the plaintiff to prove that malice was the sole motive, and others require only a showing that malice was the dominant motive.

Fence, tree, wall, sign, etc.

Only in a minority of jurisdictions

Generally, no