Property Law and 18th/19th Century Transformation

Flashcards covering property rights, legal doctrines, and the transformation of property law during the 18th and 19th centuries.

Prescriptive Rights

In the 1700s, property owners could gain rights if they were the first owner at a location or had consistently performed an action over time.

Sic Utero Tuo Ut Alienum Non Laedas

A Latin principle stating, "Use your own property in such a manner as do not injure that of another."

Nuisance Suits

Legal actions against property owners whose use of their property harms another's property.

Stopping the Ancient Lights

Prohibiting obstructions to sunlight or moonlight that have been enjoyed for a long time.

Doctrine of Lateral Supports

Prevents neighbors from using their property in a way that removes support from the land of another.

Riparian Rights

Rights to the natural flow of water for those who are the first to use a stream.

Sole and Despotic Dominion

The concept that one has complete control over their land from the soil up to the sky.

Damnum absque injuria

The legal principle that one can be hurt without having a legal remedy.

Jefferson's Embargo

An order by Thomas Jefferson in 1807 that restricted trade with warring nations, impacting American manufacturing.

Doctrine of Reasonable Use

The legal idea that water, and other resources, can be used reasonably.

Palmer versus Mulligan

An 1805 New York case which allowed an upstream owner to dam a stream for a mill, despite "little inconveniences" to others.

Correlative Rights

Legal rights and responsibilities that are interdependent.

Usages and Wants of the Community

In this context, the needs and customs of the community as a whole.

Eminent Domain

Taking private property for public use.

Fifth Amendment

No property should be taken without just compensation.

Bonaparte versus Camden and Amboy Railroad

Public use, not public ownership of the enterprise , needs to be open to all the public.

Offset Provisions

Money or benefit subtracted from compensation because of the a new benefit.

Callender versus Marsh

It involves the state improving its own property for reasonable use.

Non Compensable Consequential Injury

A non-compensable injury.