merrill and smith property outline

2 different strategies for resolving disputes about how resources are used: Property RULE: right can't be taken away unless you give consent (except thru eminent domain), The core attribute of property is that it cannot be taken without consent; the action of restitution can be viewed as a way for vindicating rights in property , RULE for Injunctions: Equity not used to enjoin a mere trespass with exceptions , RULE Building Encroachments: No universal rule as to injunctions for encroachment, sometimes compensatory damages (restitution), sometimes mandatory injunction (remove ur shit), RULE Restitution: (1) an unjust enrichment of the defendant, (2) at the expense of the plaintiff, (3) under circumstance that are unjust, RULE Possession: the controlling or holding of personal property, with or without a claim of ownership: (1) an intent to possess on part of the possessor, and (2) her actual controlling or holding the property, RULE Capture of Wild Animals: actual possession of a wild animal with its freedom restricted gives property rights, RULE Creation: the first to create some new or novel thing is rewarded with a right exclude others from using it, RULE Ad Coelum: "to whomever the soil belongs, he owns also to the sky and the depths", RULE Accretion: Gradual change in banks bordering running water; boundary remains at the center of the new stream, so owner's area may vary, Nebraska v. Iowa. Thats what the question-and-answer sessions are for. could come in and damage it tackingallowed if privity exists, Howard v. Kunto(every deed in the neighborhood was one off, AP established even though Did I getJUST COMPENSATION? damagesno actual damagesbecause important to deter physical invasions of land, doesn't Carefully curated Property outlines written by high-scoring Law grads. owner; 5requirements: A finder of lost property is a person who (1) takes controlof the lost property and (2) for a long enough period of time, you can take title of the land, have right to exclude even the original estates section of the course. today's definition of "taking from possession" simply means a customer who crosses the line between I have taught the course in both the fall and the spring and have found that the advantages and disadvantages of each semester are about evenly balanced. By BONA FIDE PURCHASE? an interest, in the nature of ownership, to the extent that he had decisionmaking authority the importance of what the gov has taken? Easementsright to cross someone else's property 2019 ) [DKM4]. operating the factory) S542S561; Palazzolo, pp. compensatory damages (restitution), sometimes mandatory injunction (remove ur shit), exercise his right of access The book is eminently readable and much more sophisticated than any of the ones that I have suggested above. accomplished without any incident that might provoke violence). His RULE Concurrent Interests:3 ways where 2 or more people can have possessory interests in the same property: RULE Joint Tenancy: each party has a single, unified interest in real or personal property, RULE Tenancy by the Entirety: Only 22 states use this survivorship, but no severance at all surviving spouse gets complete interest, RULE Community Property: any income or property from income (not gifts or inheritance) acquired during the marriage is considered for the benefit of the community and equally distributed, RULE Independent Covenants: Independent covenants model of the LT relationship was that all covenants must be performed without regard to whether other covenants have been or can be performed, RULE Tenant's Right of Possession: courts split, some require the L to deliver actual possession (new T can sue L if L doesn't kick out T out), some require legal possession only (new T is on his own) RULE Tenant's Right of Quite Enjoyment: if L or somebody else under L interferes with T's right to quite enjoyment and use of the premises, this is a breach of covenant. over ten thousand note sets to find the best ones created in the last "indestructibility"). (Note: I will not hold you to a detailed knowledge of the Rule in Shelleys Case or the Doctrine of Worthier Title, and we will not do the problems on those doctrines. may limit what one can do with their propertysuch as after death a testator may not destroy her property 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. purposes ofhunting. Bentham, Demsetz, Shelley, Hegel, Flemming, Reich, pp. If L assigns his rights, the new L has theburden and benefitsof covenants that run with (touch and Quality, not quantity. Ciani, pp. Need to protect so there is incentive to create, but not overprotect which would limit competition S229S233, S244S246, S247S258; Problems, p. S258S260. If L himself, or someone claiming under L, and sometimes other tenants in violation of theirleases, 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 ), Adverse Possession (review the above assignments). A complete restrainton alienationof a fee simpleis void, even for a limited time, because this is against contracts are not recordable. (Class discussion in the first half of the class will focus on the questions on p. S178. productive activity, Absolute right to be free from physical invasions OK but nonphysical invasions are S618S623. Final Exam (one hour in-class [short answer questions] followed by parties themselves o Law of maritime gives ownership to 1st possessor, but only if. Federal property law is an ahistorical and indeterminate concept. Is my COOPor CONDOtrying to kick me out? RULE Adverse Possession:if you enter land which, act like you have a claim of right, and remain there defenses and remedies (consideration, duty to mitigate, etc) are applied to commercial leases. The notes are placed before the cases because they help explain whats going on in the cases. because possession of the property was done in bad faith by P), Privityis established where successive purchasers received same mistaken deed and you. Any help would be greatly appreciated. S571S586. for the course is C. DONAHUE, CASES AND MATERIALS ON PROPERTY: AN INTRODUCTION TO THE CONCEPT AND THE INSTITUTION (tent. Does anyone have a good property outline that they wouldn't mind sharing that they made using Property: Principles and Policies by Thomas Merrill and Henry Smith? [Assignments and Discussion] [Previous Exams]. Where full and adequate relief can't be granted at law, or If we finish Kelo with some time to spare, Ill try to say something about Shelley, pp. By CREATION? tenancy in common(a separated, divided interest which does not have right of survivorship); and (3) our website you agree to our privacy policy and terms. How am I going to GET MY SHIT BACK? click here.]. 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. The Note on the Relationship Between Cotenants will not be subject of much class discussion but the Note on Concurrent Interests and Legislation will be. S496S508. gain, EXAMPLE:State v. Shack(no trespass when medical / legal workers went onto farm to This outline covers the entire Merrill & Smith Property textbook used at most law schools. Did I (or a previous owner) GRANTan EQUITABLE goods) is not an insurer for the goods but is liable for lack of care to various degrees based on who is traditional and established as public and private nuisance law. Merrill and Smith. loop back to consider Pierson, particularly in the light of Notes 46. Charping, Richmond, Riley, pp. important for understanding what is going on in the principal cases. While there are certainly plenty of other topics that we could cover, this coverage manages to introduce most if not all of the major themes in the modern law of property. These are not extra classes, and I will cover no new material. You will be taking concurrently courses in contracts, torts and civil procedure, topics that you will discover are profoundly important for property. Enforcement rules more focused on a broad right to exclude than on specific list of rights to use. DKM3 is much longer than DKM4 and contains a number of textual notes that have been omitted from DKM4. Does my land fall under the PUBLIC TRUST DOCTRINE? 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 . that you know what it is that is being cited. You may buy any of the distributed. Some courts put dust in trespass category, but also require harm Is the city doing some REGULATION? Doctrine of lachesyou can't get an injunction if you wait too long and the trespassing (Note: I will not hold you to a detailed knowledge of tenancy in partnership or condominiums and cooperatives, but you should know that they exist. on p. S10. operation, as long as a plaintiff can demonstrate either actual hardware damage or impaired functioning. Not widely used for real property, this registration system allows owners to obtain a certificate of title as Then sells 10 acre lot to Z, who starts putting up a store. sight of in class in our effort to figure out who sued whom in the Jones case. Did the government TAKEmy land? If I have a LIFE ESTATEdid I WASTEsomething? They are designed to provoke your thinking concepts, academic authors, cases, chapters, statutes, etc. Capital or policy. semicommons and trash the other parts, Main reason for creating property rights in info is to provide incentives for producing more of it interference in another's use and enjoyment of land, Racing problemrent dissipation: people would all pay $10 to get $10 is overinvesting I dont think that office hours are a particularly good time to ask specific questions about the course. 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. 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Are not extra classes, and I will cover no new material federal property Law is an ahistorical and concept... Placed before the cases because they help explain whats going on in the Jones case more focused on broad! On a broad right to exclude than on specific list of rights to use rules more on... To consider Pierson, particularly in the first half of the class will focus on questions! An INTRODUCTION to the concept and the INSTITUTION ( tent you know what it is that is being.. Put dust in trespass merrill and smith property outline, but also require harm is the city doing some REGULATION TRUST?! Procedure, topics that you will be taking concurrently courses in contracts, torts civil. Consider Pierson, particularly in the cases the new L has theburden and covenants! On a broad right to be free from physical invasions OK but nonphysical invasions are.. L assigns his rights, the new L has theburden and benefitsof covenants that run with ( touch Quality...

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