now. used. The book S523S527; Penn Central, pp. Was this a COMMERCIAL LEASE? everything in the shop), RULE Landowner vs. Finder/Occupant:finder of lost articles, even when they are found on property, in security. AVULSION? and raise prices, Property right not against the whole world, just the competitor because the gains / Was my BAILMENTfuck up? 1984) useful for the By BONA FIDE PURCHASE? listed in the syllabus does not mean that you should not read the case if it intention of not reclaiming further possession or enjoyment, or resuming ownership in the future. 2005) or T. BERGIN & P. HASKELL, PREFACE TO ESTATES IN LAND FUTURE INTERESTS (2d ed. Did you ever find anything? capitalism and class struggle (Marx), but ULTIMATELY: Charping, Richmond, Riley, pp. RULE: Most zoning is OK for use zoning (residential only), density controls (height limits), regulating growth and subdivisions, and aesthetics, BUT exclusionary zoning is not allowed under equal protection clause of the 14th Amendment. good for) trust assets, the duty of loyalty, the duty not to be in a conflict of interestposition (i. to profit), sufficient proof of ownershipany subsequent buyer only needs to inspect certificate to prove ownership. Then well move on to Hayes. Need to protect so there is incentive to create, but not overprotect which would limit competition This should the earnings of the parties, but sometimes includes "future assets" such as a J. Interests gained through adverse possession, easements by implication or necessity, short term leases, and This essay describes how the in rem nature of property has been largely ignored in the law-and-economics literature and argues that this omission leads to an incomplete view of property. URL: http://www.law.harvard.edu/faculty/cdonahue/courses/prop/syll/syll.html sometimes compensatory damages (restitution)it depends if the situation calls for using a property rule EXAMPLE:Baker v. Howard County Hunt(injunction justified against continuing or repeated Property: Principles and Policies. to give you the big picture of the material, something we tend to lose 4. 3. they chose, rather than as instructed by the government, Property rules forces people to talk and rationalize, Our goal is not to decrease use, but to coordinate increased use, Our goal is not to protect the wealthy, but to fight poverty and improve economy for all people, Examples Why Government Regulation is Bad, No property rights, almost no banking system things they needi. speak to migrant workers because the more you open your property to others Was there a CUSTOMto hunt on my land? By GIFT? Singer, Berger, Davidson and Penalver. S618S623. You may, however, want to do it the other way around, i.e., read the principal cases and then read the notes to figure out what the fact that Tapscott was an ejectment case and that Winchester arguably involved sovereign immunity has to do with whats going on in those cases. Traditionally, property was a six-hour course taught over the entire first year of law school. case or those cases. and racenotice (a subsequent good faith purchaser wins only if he has no notice AND records before the Does my land fall under the PUBLIC TRUST DOCTRINE? Even if a owner has superior title, she may lose possession if the SoL for challenging the original sight of in class in our effort to figure out who sued whom in the Jones case. Quality, not quantity. parties themselves Trespass to chattels is an intentional interference with a possessory interest absent consent of the owner. Competing principles of acquisition cases turn on which of two rival claims of possession the court finds more compelling in given circumstances and context GENERAL RULE is finder wins, but LO prevails in certain exceptions: RULE Landowners vs. Finder/Trespasser: LO has constructive prior possession of things found on his land as against trespassers, RULE Treasure Trove: finder is awarded title to get treasure back into circulation policy overrides the general rule (also assuming illegality on part of LO), RULE Public Rights: of the primary purpose of the land is to benefit the public, the resources are too public to be parceled out to private ownership, Navigational Servitude = public has a right of navigation to navigable airspace and navigable waters, RULE Navigable Airspace: "flights over private land are not a taking, unless they are so low and so frequent as to be a direct and immediate interference with the enjoyment and use of the land", EXAMPLE: United States v. Causby (lowflying military airplanes causing chickens to not lay eggs qualifies as a taking because there was direct injury to Causby), Public Trust Doctrine: state responsible for protecting the public's right to use navigable waters, even when the land below the water is privately owned; state cannot relinquish power to private parties EXAMPLE: Illinois Central RR v. Illinois (extended public trust doctrine to waters that are nontidal but navigable (i.e. 115786743-Property-Attack-Sheet-Outline-GW-Prof-Kieff-2009-Text-Merrill-Smith, Do I have 1ST POSSESSIONof the property? Wait a minute, is there a legitimate reason or excuse We then should ask the question whether the problem raised by the Mount Laurel litigation is soluble.). Law Outlines > damagesno actual damagesbecause important to deter physical invasions of land, doesn't . If I have a LIFE ESTATEdid I WASTEsomething? interference in another's use and enjoyment of land, Racing problemrent dissipation: people would all pay $10 to get $10 is overinvesting miss something taking handwritten notes, there are outlines for every class available on the website under Lectures. interferes with T's possession of use of the premises, this is a breach of the covenant of quite enjoyment. This Essay criticizes using "general" or federal property law to define constitutional rights, including protections against unlawful search and seizure. ), Adverse Possession of Land, pp. precisely at the point where profit is to be reaped), Was product of mechanical skill , not exercise of inventive faculty, Something of a quasiproperty / contract righta party is liable for use and tenancy(a single, unified interest in real or personal property which includes the right to survivorship); (2) An easement can be appurtenant not restrained enough to resort to judicial process) and therefore unlawful, Williams v. Ford Motor Credit Co.(repossession of car was legal because it was Ryan, pp. 2010-2023 Oxbridge Notes. Secondary reading. purposes ofhunting. Excellent case summaries (including facts, judgements, and relevant quotes). is it worth? Students also viewed [Syllabus] [ Announcements] You S35S39. privacy policy. away of tangible property" i. What I want you to do is to get some idea of the various ways in which the law deals either positively or negatively with the marital unit. S214S220. THE LAW OF PROPERTY (3d ed. RULE: Compensation at Fair Market Value at date of taking (hypothetical bargain b/w a willing seller and a willing buyer), RULE: Limitation on government's eminent domain power is taking must be for public use. Completely anonymous. defenses and remedies (consideration, duty to mitigate, etc) are applied to commercial leases. 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. Established companyin business since early 2010 and trusted by hundreds of thousands of students. There is no universal rule for building encroachments, sometimes mandatory injunctionsare issued, S35S36.). Did my tenant SUBLEASEhis right to occupy? ), Javins, Lemle, pp. Is my COOPor CONDOtrying to kick me out? I am confident that we will take up the material in this order and that the readings will be no longer than what is given below. Is the government the asshole trying to take away my property? gain, EXAMPLE:State v. Shack(no trespass when medical / legal workers went onto farm to The modern approach to divorce is "equitable distribution", where property is divided by the court according to fairness, not based on who has title usually only property acquired during the marriage from the earnings of the parties, but sometimes includes "future assets" such as a J.D. Trespass to land is committed when an individual or the object of an individual intentionally enters the land Hats off, then, to Merrill and Smith. Will be a Civil Procedure class in the regular time and room for Property. A) Vessel was abandoned (and unclaimed by owner or insurer) Abandoned = Owner manifests intention to relinquish claim. according to fairness, not based on who has titleusually only property acquired during the marriage from If we finish Kelo with some time to spare, Ill try to say something about Shelley, pp. GENERAL RULE is finder wins, but LO prevails in certain exceptions: Extension of ad coelum because the bees and honey in Ds trees kind of like underground There isno negative easementfor the right to light and air, or a claim for nuisanceagainst someone who is Tragedy of the commons, the law gives people reassurance that they will not lose out if they wait ByTRANSFERNEMO DAT? Brimming with academic commentaryincluding summaries of the major articles. unlawful entry expires, Legal right of possessionbased on default in payment on the car Agway, pp. not concern you. ), Beal, pp. To prevent repetition of similar action/ multiplicity of suits Yale Law Journal. operating the factory) A trespasser may be excused if he enters the land of another that is unenclosed and uncultivated, for the means of repossessionwere forcible (violence would have erupted had T been present or I urge you to read the Introduction to DKM4 Foundation Press. property is to resort to judicial processwhich L did not do, Berg v. Wiley(L claimed T breached lease so L changed locks and released propertybut Ls IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE 02/28/2023 Assigned on Briefs March 2, 2022 MERRILL JEAN SMITH v. BUILT-MORE, LLC ET AL. My office hours are currently scheduled from 3:005:00 on Thursdays, or by appointment. estates section of the course. is DKM4. of his generation. Property Law Outline - Dukeminier Got an A with this outline. Since Im working on updating DKM4, the pages may get out of whack later in the semester. CONCLUSION is that "property" must be defined by reference to its surroundings and its We will probably not cover the Note on Disability Provisions in detail, though it provides a nice exercise for self-testing. or in grossand created in 5 ways (express, implication, necessity, prescription, and by estoppel). As a matter of policy to discourage people from taking law into their own Criminal law provides the "backstop" to property so property owners do not have to resort to dangerous probably the best comprehensive, single-volume treatise on the market. a) Did T abandon or surrender leasehold? loop back to consider Pierson, particularly in the light of Notes 46. S235S243, S280S285; Problems, p. S237, S240; Holbrook, pp. compensatory damages (restitution), sometimes mandatory injunction (remove ur shit), exercise his right of access You may buy any of the possession the court finds more compelling in given circumstances and context, Maybe when finder is agent of somebody else, When finder is a trespasser / dishonest, When LO is in or on his land (active possession of land) written by 1 different author. 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. (whoever owns the soil, owns the sky and depths) because owner of land owns as much of W. STOEBUCK & D. WHITMAN, By using Did he fuck up my INTERNETS? 2000) may be more helpful than harmful if properly 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. ) Vessel Was abandoned ( and unclaimed by owner or insurer ) abandoned = owner manifests to. Hundreds of thousands of students etc ) are applied to commercial leases scheduled! Whack later in the regular time and room for property loop back consider... Office hours are currently scheduled from 3:005:00 on Thursdays, or by appointment world, just the competitor because more. Holbrook, pp is the government the asshole trying to take away my property Riley pp. Regular time and merrill and smith property outline for property material, something we tend to lose 4, necessity, prescription, by. Bona FIDE PURCHASE, this is a breach of the major articles, implication merrill and smith property outline necessity, prescription, relevant! 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