Week 2 - Trespass

What is meant of the right to possession?

Owner has the right to exclude others from the land in question

What does private ownership of land entail?

Land is not a commons (not open to public)

What defines the boundaries of the right to exclude others from land?

cause of action/scope for trespass

Right to exclude implies…

right to include, owner has general power

How do landowners most frequently exercise right to inclusion?

License (express or implied agreement that grants permission for one to enter property)

What does a license also amount to?

a waiver of the owner’s right to exclude

Most licenses are…

informal and oral, revocable, and not transferable (unless parties agree)

How does the law typically treat licenses as?

Contracts, however sometimes permission to enter and use land does create real property rights (ex: estates)

Why in Marrone v. Washington Jockey Club was the racetrack allowed to kick Marrone off the property?

Facts:
Marrone bought a ticket to the Race Track. When he tried to enter, he was stopped and later forced to leave, club accused him of “doping” a horse and banned him from track. Marrone sued for trespass, claiming right to enter since he had a ticket.

Rule of Law:
A ticket to a place of amusement is a revocable license, not a property interest; the owner may revoke it at will, subject only to possible contractual damages

A mere license usually is described as…

not a property interest in land; it is simply permission that is personal and revocable

Why is is important to differentiate between license and property rights?

can affect transferability, remedies, constitutional or regulatory protections

How do courts treat non-real property licenses (IP, Franchise)

often blend contract and property: the license is created and shaped by contract, but it can also be recognized as a valuable, sometimes transferable, asset

Why did the court allow for punitive damages despite the court finding no compensatory damages with the trespass in Jacque v. Steenberg?

Facts:
D needed to deliver a mobile home to a neighbor but P said no to cutting through property. Despite the Jacques' repeated refusals Steenberg crossed. No significant physical damage occurred, but the Jacques sued.

Rule of Law:
Intentional trespass to land merits punitive damages even with only nominal compensatory damages, to protect the right to exclude and deter violations.

What did the court in Babb v. Lee County decide about the question of whether odor was a form of trespass, and if personal harms like annoyance can be added on top of damages?

Facts:
P sued landfill for odors, claiming trespass and nuisance. They sought damages only for annoyance, discomfort, and loss of enjoyment (abandoning claims for property value loss or personal injury).

Rule of Law:
Trespass requires tangible physical intrusion; damages for trespass/nuisance strictly limited to objective property value loss, not subjective personal discomfort.

What are the key differences between trespass and nuisance according to the Babb case?

Trespass: Protects right of exclusive possession, no need for harm, unreasonableness, substantial interference

Nuisance: Protects right of use and enjoyment; requires proof of actual, substantial, unreasonable interference

both protect property interests

Is it easier for plaintiffs to win trespass cases or nuisance cases?

Trespass is easier to win: its low threshold (just tangible entry) favors plaintiffs over nuisance's higher hurdles of substantiality and unreasonableness