Property Law

what are the three main part of the bundle of the property right ? 

the possessory right / the use right / the right of alienation 

what is about the possessory right ?

it’s about possessing property

what is about the use right ?

It’s about using the property

What is about the alienation right ? 

it’s about the transfer of a property 

The Jacques VS Steenberg Homes inc 1997

a person can only enter in the property of somebody with his autorisation and trespassing even without damages will be prosecuted by the state

State of New Jersey VS Shack 1971 

the right to exclude a person or a group of person from a land is limited by public policy reasons 

What are the 3 criteria to consider an intangible thing as a property ?

 you need to have a definable interest in the thing , you have a capability of exclusion or contract , and you have an established and legitimate claim to exclusivity. 

Kremen VS Cohen 2003

an internet domain can be a property

What is the eminent domain ? 

it’s the government power to seize private property for public purpose

What is the public use ?

it’s a lawful purpose benefiting the public such as infrastructure or economic growth