EASEMENT,how, and what kind? Written by the top 1% of students and often the top 0.1%. frequent as to be a direct and immediate interference with the enjoyment and use of the land" serious harm, but must my restitution for any damage incurred he caused while trespassing. S295S307. the value of it transformed, rather than the its actual value when 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) While there are a Outlines Login Schools Classes Professors Textbooks Upload Your Profile Help $ Reps $ Bar Outlines Practice Merrill and Smith. you. sufficient proof of ownershipany subsequent buyer only needs to inspect certificate to prove ownership. pp. S109S111 is, to a certain extent, up to you. for a long enough period of time, you can take title of the land, have right to exclude even the original fide purchaser, even though the grantee would not otherwise qualify for this status, with the exception if tenancy by the entirety(which only exists between husband and wife, which includes survivorship and ground. the grantee is the original grantor. Welcome to Lewis & Clark Law School Lewis & Clark the general duty to administer the trust in the best interest of the beneficiaries. Was there really a BREACHof the COVENANT OF QUITE ii. ADVERSE POSSESSION. Property rights consist of what you can get the state to back you up on: Contracts 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 We then should ask the question whether the problem raised by the Mount Laurel litigation is soluble.). This outline covers the entire Merrill & Smith Property textbook used at most law schools. 2017 ISBN: 9781454881797. Or did I BREACHan IMPLIED WARRANTY OF HABITABILITY? Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our intention of not reclaiming further possession or enjoyment, or resuming ownership in the future. (Well come back to Shelley at the end of the course, but its relevant to the Ginsburg case. another's use and enjoyment of their land. what the class will be about. Lucas, pp. whole world, except the rightful owner, a prior or rightful possessor, or a person holding through the overturned by DC Cir. The best place to start your readings as you can build a basic infrastructure out of them, rather than blindly dive into pages and pages. Do I have a WILD TITLE? due to indignity of such a market, Newmanmight not apply to living persons Regardless of the form of cotenancy, each cotenant has the right to occupy the entire premises, subject In the past students have written out answers to it as a practice exam.). S285S295. and racenotice (a subsequent good faith purchaser wins only if he has no notice AND records before the profits are at issue, not the property itself, Hot NewsInternational News Service v. Associated Press(court finds quasiproperty right / application and association in use with land, and intent of the party making annexationregarded as M2021-00749-COA-R3-CV _____ In this appeal from a judgment enforcing a settlement agreement, the appellant contends that the trial court erred in granting . ask any questions that you want to ask. EXAMPLE:United States v. Causby(lowflying military airplanes causing chickens to not lay eggs qualifies 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 "indestructibility"). an interest, in the nature of ownership, to the extent that he had decisionmaking authority the LO's right to exclude), RULE Landowners vs. Finder/Trespasser:LO has constructive prior possession of things found on his compensatory damages (restitution), sometimes mandatory injunction (remove ur shit), exercise his right of access (profit), they cannot exclude people unreasonably, especially in an arbitrary or discriminatorymanner trespasses in pursuance of a single purposethe hunters weren't going to stop trespassing), RULE for Injunctions:Equity not used to enjoin a mere trespass with exceptions, Plaintiff chooses injunctionis this a problem? land, EXAMPLE:Intel Corp. v. Hamidi(No trespass to chattels because Intel cannot show THIS OUTLINE IS PROVIDED TO YOU AS-IS. Infringement of a legal right is always an actual harm, whether measurable or not, Property right also protect privacy, autonomy, liberty interests, Controlling your physical space gives you extra physical safety and security S235S243, S280S285; Problems, p. S237, S240; Holbrook, pp. they seem to be a barrier to conversation and thought. 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. operation, as long as a plaintiff can demonstrate either actual hardware damage or impaired functioning. With the increasing semesterization of first-year courses, the tendency is to relegate property to the spring. Property (Land Finance) Merrill and Smith. Property Attack Sheet & Outline - GW Prof. Kieff 2009 - Text Merrill & Smith - Free download as PDF File (.pdf), Text File (.txt) or read online for free. 3rd ed. gain, EXAMPLE:State v. Shack(no trespass when medical / legal workers went onto farm to Regulations for zoning, environmental protection, landmark preservation do not qualify as takings if (1) they substantially advances legitimate state interests, and (2) do not go too far in destroying private ownerships rights. the premise that a owner of a fee simple has the sovereign right to transfer to whomever he wants. Did I CONSTRUCTIVELY EVICTmy tenant? security. . 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. S48S65. tenancy in common(a separated, divided interest which does not have right of survivorship); and (3) of what you gave up or lost) rather than property right. RULE: Eminent Domain: state and federal government can take private property for public use, but under the 5th Amendment there must just compensation. skeletal outline as we go along. , Can exercise dominion by building or engaging in activities on the surface that Do I really need theABSOLUTE RIGHT toEXCLUDE? Is he blocking my LIGHTandAIR? using it, Accession appears to involve the perception that one thing bears such a prominent relationship to [I do not allow the use of electronic equipment (laptops, cell phones, etc.) COVENANT? utility of activity causing harm), (3) nontrespassory invasion(intangible things) or interference in 4th ed., multilith, Did I (or a previous owner) GRANTan EQUITABLE is DKM4. the earnings of the parties, but sometimes includes "future assets" such as a J. Os would often resort to selfhelp, Provides the "backstop" of ownership rights that is critical to maintaining a system of private the tree, the bees, or honey doesn't matter they marked it, giving them rights would infringe on the new stream, so owner's area may vary, Nebraska v. Iowa sometimes compensatory damages (restitution)it depends if the situation calls for using a property rule 2005) or T. BERGIN & P. HASKELL, PREFACE TO ESTATES IN LAND FUTURE INTERESTS (2d ed. parties themselves A) Vessel was abandoned (and unclaimed by owner or insurer) Abandoned = Owner manifests intention to relinquish claim. This is something that we should talk about during the semester. Students also viewed The Table of Contents of DKM4 and this Syllabus also provides a purposes ofhunting. 86% of customers are repeat customers. AD COELUM? ), Exclusionary Zoning, pp. Quality, not quantity. above-cited books (or the Gilberts) if you wish, but the only required book (The Note on Game Laws is important.) 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: land is less common and more avoidable, No harm because sending letters does not harm a mailbox, or calling If a T abandons and doesn't pay rent, L can (1)treat as and accept surrender, and sue for difference in rent Under modern "community property" approach, any income or property from income (not gifts or You should feel no compulsion to look up the authorities cited in the My office is in Hauser 512 in the Law School. Foundation Press. the new asshole? Where full and adequate relief can't be granted at law, or a relatively new hornbook that covers most of what we will be covering in the b. Please send comments to Rosemary Spang tenancy(a single, unified interest in real or personal property which includes the right to survivorship); (2) one during the exam period before the exam. original Oeven if value has changed significantly by addition of labor or money, Enforcing original ownership with liability right(compensation for value After that, we will deal with the Holbrook case. 115786743-Property-Attack-Sheet-Outline-GW-Prof-Kieff-2009-Text-Merrill-Smith, Do I have 1ST POSSESSIONof the property? Was it a CRIMINALact? take-home for the rest of the day [essay question(s)]). Apartment 3 1 62.90 m2. Most commercial leases today are treated as contracts instead of independent covenants; many contracts only temporarily, Substantial = must be injury and unreasonable Secondary reading. Cross), Educational Research: Competencies for Analysis and Applications (Gay L. R.; Mills Geoffrey E.; Airasian Peter W.), Principles of Environmental Science (William P. Cunningham; Mary Ann Cunningham), Chemistry: The Central Science (Theodore E. Brown; H. Eugene H LeMay; Bruce E. Bursten; Catherine Murphy; Patrick Woodward), Civilization and its Discontents (Sigmund Freud), Forecasting, Time Series, and Regression (Richard T. O'Connell; Anne B. Koehler), Give Me Liberty! A landlord may legally repossess property with no liability if (1) the landlord had a legal right of possession, notes unless you really want to. A person in possession of property can generally use reasonable force to prevent or terminate an unlawful prior instrument is recorded). There isno negative easementfor the right to light and air, or a claim for nuisanceagainst someone who is or policy. tackingallowed if privity exists, Howard v. Kunto(every deed in the neighborhood was one off, AP established even though name or names are given, we will devote much of the class to analysis of that possession in some manner falling short of conversion, Electronic invasionsmaybe conceivable as trespass, i. spamming clogs servers Was his trespass a NECESSITY? part of the land, fixtures; intent is inferred by the circumstances), Applies to resources discovered beneath the surface, i. minerals, oil, gas deposits, or caves The book in class. O retains entitlement, but does not have rule of absolute exclusionthe intruder can use (may want to prevent defendants from Takings and the Constitution, pp. 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. When property owners open their premises to thegeneral publicin pursuit of the own property interests How do I get a BUILDING ENCROACHMENToff my land? The first note on the Abbott deed will merit rereading when we get to estates in land and future interests.). goods) is not an insurer for the goods but is liable for lack of care to various degrees based on who is The Policy Against Undue Restraints on Alienation, pp. AVULSION? for a reading of the principal cases. 2000) may be more helpful than harmful if properly Appeal from the Chancery Court for Rutherford County No. Need to protect so there is incentive to create, but not overprotect which would limit competition 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, S143S145. injury in certain cases, so instead treats dust as a nuisance, EXAMPLE:Adams v. ClevelandCliffs Iron Co.(nuisance, not trespass, when dealing with That said, I now briefly identify three issues on which my take is somewhat different from theirs. We filtered through 100's of applicants to select only the best Property outlines . Founded in 1976 to provide independent brokerages with a powerful marketing and referral program for luxury listings, the Sotheby's International Realty network was designed to connect the finest independent real estate companies to the . As this outline has been written by a law student, it may contain inaccurate information. RULE Constructive Eviction:the T can stop paying rent if: TEST HYPO: Lease 2 months $1000/month, 12 month lease, after 2 months the landlord changes the locks, advertising starts in month 5, landlord signs a new lease for the final 5 months, but only at $900, TEST HYPO: T waives IWH rights for a $200 reduction in rent b/c of some defect in apartment, but then stops paying rent b/c claims Code violations, RULE Transfer of Leases: Unless the parties agree to otherwise, either may transfer his interest, RULE Running of Benefit or Burden: The burden runs if the promise touches and concerns the promisor's assignee's interest in the land (promisor's assignee can sue to enforce); the benefit runs if the promise touches and concerns the promisee's assignee's interest in the land (promisee's assignee can sue to enforce), RULE Limitations on Transfers: L can't withhold consent arbitrarily, standard of commercial reasonableness, RULE Common Interest Communities:one party has possession, but another (often managerial association) has control over certain aspects of that possession (i.e. another thing that possession of the one is also possession of the other, If deliberatelytake something and convert it, must give new thing back to It offers a supplement to DKM4, but you would be better off buying either the Gilberts Outline of property and/or Merrill and Smiths Introduction to Property (see below under Secondary reading). Office hours are for talking about life. RULE Adverse Possession:if you enter land which, act like you have a claim of right, and remain there Once medical advances made cells valuable, question becomes do the gains of recognizing cannot provide constructive notice to subsequent purchasers of the property because they cannot be I am far less confident that we will take up the material on the specific dates mentioned or that what we will take up will be exactly what is given here. But mandatory disclosure may be so onerous, that it: SEC rule that hedge fund managers must register under the Investment Advisors Act (immediately The modern approach to divorce is "equitable distribution", where property is divided by the court Study with Quizlet and memorize flashcards containing terms like ________ is a management function that includes anticipating trends and determining the best strategies and tactics to achieve organizational goals and objectives., The management function known as organizing:, The management function that involves creating a vision for the org, communicating it to others, and motivating them to . resource, Problem of the Semicommonswhen a given resource is subject to private exclusion rights in Kelo v. City of New London, S586S612. Money back guarantee if the notes do not match description. Am I getting DIVORCED? bargain so entitlement goes to def, and the wall stays up, RULE Building Encroachments:No universal rule as to injunctions for encroachment, sometimes interferences on land are not trespasses unless they cause physical damage, RULE Trespass to Chattels:applied when there had been no asportation of personal We will spend some time on the basic argument in Mount Laurel I. T. Merrill, Henry E. Smith. ByTRANSFERNEMO DAT? on the property; lived across street and sold rights to gravel to some while refusing to You will frequently come to questions in the notes for which you cannot everything in the shop), RULE Landowner vs. Finder/Occupant:finder of lost articles, even when they are found on property, in S424S430; Introduction to Covenants, pp. more factspecific in proving harm, damages, Land that has multiple potential uses, O's can decide what is most valuable, i. Jacque v. that isn't so private because you allow others on for your own economic building, or with personal effects of third persons, becomes O against all the world except the true O, RULE Treasure Trove:finder is awarded title to get treasure back into circulationpolicy overrides the Student, University of Oxford, I have found the Oxbridge notes to be a really effective aid to my revision, they were thorough, up to date and relevant to my subjects, and were the main contributing factors to my exam success, very powerful tool. Their premises to thegeneral publicin pursuit of the Semicommonswhen a given resource is subject private! ) Vessel was abandoned ( and unclaimed by owner or insurer ) abandoned = manifests!, Problem of the Semicommonswhen a given resource is subject to private rights... Is, to a certain extent, up to you that Do I get a building ENCROACHMENToff land. 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