Property – Chenyang

According to Thomas Hobbes in Leviathan, what is the primary role of the sovereign regarding property?

The sovereign creates order, stability, and justice through the legal regulation of ownership and resource distribution.

How does John Locke justify property rights in his Second Treatise?

He argues that property rights are natural rights granted by God and that individuals acquire property through the labor they invest in it.

What is the 'tragedy of the commons'?

A collective action problem where individuals are incentivized to exploit a shared resource for personal gain, leading to its depletion, despite the community's interest in sustainable management.

What is the 'tragedy of the anticommons'?

A situation where multiple individuals hold veto rights over the exploitation of a resource, leading to underconsumption.

What is the primary goal of the Economic Theory of Property Rights?

To enhance social welfare by maximizing the value of scarce resources.

What are the two ways property rights maximize the value of scarce resources?

By giving owners an incentive to use resources efficiently and by reducing the costs of negotiating with others over externalities.

What does the Coase Theorem state regarding transaction costs?

If transaction costs are zero, parties will bargain to an efficient result regardless of the initial allocation of property rights.

What is the 'Comedy of the Commons' as proposed by Carol Rose?

The idea that certain resources, such as dance floors or social media, become more valuable as more people use them.

What is the 'Doctrine of Discovery'?

A historical legal doctrine stating that the first sovereign European nation to possess unknown lands holds exclusive title.

What is the legal definition of 'conquest' in the context of real property?

The taking of possession of enemy territory through force, followed by the formal annexation of the territory by the conqueror.

What is the doctrine of capture in relation to personal property?

The common law rule that the first person to catch or take possession of a wild resource (like a wild animal) acquires ownership.

What does the Latin term 'ratione soli' mean in property law?

It is the rule that a person has constructive possession of resources located on their own land.

What is the 'ad coelum' doctrine?

The principle that 'to whomever the soil belongs, he owns also to the sky and the depths.'

How does the 'prior appropriation' rule work for water rights in the West?

The person who first captures water and puts it to a reasonable and beneficial use holds a superior right over later appropriators.

What is the 'riparian rights' rule for water usage?

Each owner of land along a water source has a right to use the water, subject to the rights of other riparian owners.

In Pierson v. Post, what was the court's ruling regarding the pursuit of a wild animal?

Pursuit alone does not entitle a person to property rights; actual capture is required.

What did the court establish in Ghen v. Rich regarding local custom?

Local custom can be used to determine when 'capture' has occurred, even if the captor does not have physical possession at the moment of discovery.

What is the difference between 'lost' and 'mislaid' property?

Lost property is unintentionally parted with, while mislaid property is intentionally placed by the owner and then forgotten.

Who has the superior right to mislaid property?

The owner of the land where the property was found, as they have the best chance to return it to the original owner.

What is 'abandoned property'?

Items intentionally and voluntarily relinquished by the owner with no intent to reclaim them.

What is the 'Relativity of Title'?

The principle that a finder has title to property against everyone except the true owner and any prior possessor.

What happens to property found by an employee while performing their directed duties?

The employer gains ownership of the property.

What is a 'treasure trove'?

Money, coin, gold, silver, or bullion hidden in the earth.

What is the significance of the 'right to exclude' according to William Blackstone?

He considered the right to exclude others as a fundamental and essential property right.

What is Margaret Jane Radin's perspective on property?

She argues that property is tied to personhood and that property closely linked to an individual's identity deserves greater legal protection.

What is the main takeaway from Johnson v. M'Intosh?

The government holds the ultimate authority to determine how property is acquired and passed down, often based on the doctrine of sovereignty.

What is the general rule regarding a finder's rights to a treasure trove?

Most modern jurisdictions apply the rules associated with lost property to treasure troves.

What was the holding in Armory v. Delamirie (1722)?

A finder of property has property rights that allow them to keep the item against all parties except the true owner.

Why was the finder in McAvoy v. Medina (1866) denied property rights to the wallet found in a barbershop?

The court classified the item as 'mislaid' property rather than 'lost' property, meaning the shop owner had a better claim.

What is the primary function of adverse possession?

It is a method of transferring interests in land without the consent of the prior owner, even against their dissent.

At what point does title transfer in adverse possession?

Title transfers at the end of the statutory period, but it is deemed to have existed from the beginning of the possession.

What are the five elements required for adverse possession?

Actual entry, open and notorious, continuous and uninterrupted, exclusive, and adverse under a claim of right.

What does the 'open and notorious' element of adverse possession require?

The possession must be sufficient to give notice to the true owner that someone is occupying the land.

What was the significance of Mannillo v. Gorski (1969) regarding the 'open and notorious' element?

In cases of minor encroachments, the owner must have actual knowledge of the encroachment.

How is the 'continuous' element of adverse possession defined?

The possessor must use the land in the manner an average true owner would use it for the duration of the statute of limitations.

What is the 'Connecticut rule' (or Good Faith rule) in adverse possession?

The occupier must erroneously believe they own the property.

What is the 'Maine rule' (or Bad Faith rule) in adverse possession?

The occupier must know they do not own the property but occupy it anyway as an 'aggressive trespasser'.

What is 'tacking' in the context of adverse possession?

The ability to combine the time of a predecessor's occupancy with one's own, provided there is privity of estate.

What is the difference between 'color of title' and 'claim of title'?

Claim of title is a requirement of hostility; color of title is a claim founded on a defective written instrument like a deed or will.

What are three policy rationales for the doctrine of adverse possession?

Rewarding productive use, penalizing 'sleeping' owners, and quieting title.

What does the case Jacque v. Steenberg Homes, Inc. (1997) establish regarding the right to exclude?

The right to exclude is protected by the ability to impose punitive damages for intentional trespass, even if no actual harm occurs.

What limitation on the right to exclude was established in State v. Shack (1971)?

Property owners cannot bar access to governmental services for individuals living on their property, such as migrant workers.

What are the four elements of the necessity defense for trespass?

Clear and imminent danger, reasonable expectation that the action will abate the danger, no legal alternative, and no legislative preclusion.

Does the necessity defense absolve a trespasser of all liability?

No, the trespasser is still required to pay the property owner for any damages caused.

What is the general rule regarding the right to destroy one's own property?

An owner generally has the right to destroy their property, unless doing so violates public policy.

Why did the court in Eyerman v. Mercantile Trust Co. (1975) prevent the destruction of a house?

It would diminish the property values of neighbors, and the right to destroy is diminished after death.

Can a fee simple interest in real property be abandoned?

No, real property cannot be abandoned.

What are the three common law elements of abandonment for personal property?

Intent to relinquish all interests, no intention for a specific person to acquire it, and a voluntary act effectuating that intent.

What happens to abandoned property that is in custody and unclaimed?

It is subject to escheat, where ownership transfers to the state.

What is the ancient maxim 'Sic utere tuo ut alienum non laedas'?

One should use one's own property in such a way as not to injure the property of another.

What is the 'Right to Roam'?

A legal permission in some jurisdictions to hunt and gather on open private property unless a 'no trespassing' sign is posted.

What is the legal status of a trespasser who finds a treasure trove?

They can still retain ownership against anyone except the true owner.

What are the core elements required to establish a private nuisance claim?

Injury to the use and enjoyment of land, and a substantial non-trespassory invasion that is either intentional and unreasonable, or unintentional and negligent, reckless, or abnormally dangerous.

What is the Restatement balancing test for determining if conduct is unreasonable in a claim of private nuisance?

It weighs the harm inflicted by the use against the benefit created by the use.

What is the threshold Jost test for determining if conduct is unreasonable?

It asks whether the conduct crosses a specific threshold of interference, regardless of the benefit the conduct provides.

What does the Ronald Coase Theorem suggest regarding conflicting land uses?

In the absence of transaction costs, parties will bargain to an efficient result regardless of who is initially granted the legal right.

What are the four primary ways nuisance claims can be resolved?

Abatement via injunction, allowing activity to continue with defendant-paid damages, denying all relief, or abatement via injunction if the plaintiff pays damages.

What is the 'balancing of equities' test used in nuisance cases?

It compares the plaintiff's harm if an injunction is denied against the harm to the defendant and the public if an injunction is granted.

How does a public nuisance differ from a private nuisance?

A public nuisance is an unreasonable interference with a right common to the general public, whereas a private nuisance affects specific property interests.

Who has standing to sue for a public nuisance?

The state, or a private individual who can demonstrate a 'special injury' distinct from the general public.

What is the legal significance of 'coming to the nuisance'?

It does not automatically bar a suit for relief, but it is considered a relevant factor in the court's decision.

What is the effect of federal displacement on nuisance claims, as seen in AEP v. Connecticut?

Federal statutes like the Clean Air Act can displace common law nuisance claims regarding specific issues like carbon-dioxide emissions.

What are the five main types of servitudes?

Easements, profits, licenses, real covenants, and equitable servitudes.

How does an easement differ from a license?

An easement is a nonpossessory property interest that is not revocable, while a license is a revocable permission to enter or use land.

What is a 'profit à prendre'?

A type of servitude that grants the right to enter another's land and remove something attached to the land.

What are the three primary methods for creating an easement?

Express grant (written/signed), estoppel (detrimental reliance on a license), and implication (prior use or necessity).

What are the requirements for an implied easement by prior existing use?

Severance of title from an initially undivided tract, an apparent and continuing use at the time of severance, and reasonable necessity.

What is the 'high burden' requirement for an easement by necessity?

The claimant must prove unity of ownership at the time of severance and that the easement is a necessity for access, not merely a convenience.

How does an affirmative easement differ from a negative easement?

An affirmative easement allows a neighbor to enter or perform an act on servient land; a negative easement forbids a landowner from doing something on their own land.

What is the difference between a real covenant and an equitable servitude?

The distinction is based on the remedy sought: real covenants are enforceable at law (damages), while equitable servitudes are enforceable in equity (injunctions).

What is a 'quasi-dominant tenement'?

The portion of a tract of land that benefits from a use of another portion of the same tract prior to severance.

Why is the 'balancing of equities' test sometimes criticized?

It may favor wealth, ignore existing inequities, fail to account for 'fuzzy' personhood values, and exclude the public from litigating their own interests.

What is the primary difference between adverse possession and prescriptive easements?

Unlike adverse possession, a prescriptive easement does not require the use to be exclusive.

What role does the Statute of Frauds play in the creation of easements?

Easements are interests in land and therefore must be in writing to be created by express grant.

In the context of nuisance, what is 'extortion' as a transaction cost?

A situation where one party uses the threat of an injunction to demand an excessive payment from the other party.

What was the outcome of the Spur Industries v. Del E. Webb case?

The court found a public nuisance but required the developer (Webb) to indemnify the feedlot owner (Spur) for the costs of moving, as Webb 'came to the nuisance'.

What is the difference between a permanent injunction and permanent damages in nuisance remedies?

A permanent injunction abates the activity entirely, while permanent damages allow the activity to continue in exchange for a one-time payment covering past and future harm.

What is the legal definition of a 'servitude'?

A nonpossessory restriction or right concerning the use of land.

What is the primary difference between an easement appurtenant and an easement in gross?

An easement appurtenant benefits a dominant tenement (a parcel of land), whereas an easement in gross benefits a specific person regardless of land ownership.

What are the four requirements for a real covenant to be enforceable?

The agreement must be in writing, the parties must intend to bind successors, the promise must touch and concern the land, and there must be privity of estate.

What is the difference in remedy between a real covenant and an equitable servitude?

The remedy for a real covenant is monetary damages, while the remedy for an equitable servitude is an injunction.

Define horizontal privity in the context of real covenants.

Horizontal privity is the privity between the original covenanting parties, which must exist at the time the promise is made.

Define vertical privity in the context of real covenants.

Vertical privity is the relationship between the original party and their successor (assignee), which must exist at the time the covenant is enforced.

What are the three traditional requirements for an equitable servitude?

Intent, touch and concern, and notice (which can be inquiry or constructive notice).

Does an equitable servitude require privity of estate?

No, equitable servitudes do not have a privity requirement.

What legal principle was established by Shelley v. Kraemer (1948)?

The Supreme Court held that racially restrictive covenants cannot be enforced by courts without violating the 14th Amendment.

What is the Public Trust Doctrine?

A legal doctrine holding that certain natural resources, such as navigable waters, are held by the state in trust for the public and cannot be sold for private use.

How did the court expand the Public Trust Doctrine in Matthews v. Bay Head Improvement Association?

The court expanded the doctrine to include reasonable public access to the beach, requiring that membership-based beach associations be open to the public.

What is the significance of Illinois Central Railroad Co. v. Illinois (1892)?

It established that the state holds certain lands in trust for the people and that legislative attempts to alienate these lands for private use are void or voidable.

What is the source of the government's zoning authority?

Zoning is an exercise of the state's police power, derived from the 10th Amendment, to protect health, safety, welfare, and morals.

What is the constitutional standard for zoning restrictions established in Village of Euclid v. Ambler Realty Co.?

Zoning is constitutional unless it is clearly arbitrary and unreasonable, having no substantial relation to public health, safety, morals, or general welfare.

What are the two requirements for obtaining a zoning variance?

The applicant must show exceptional and undue hardship, and must have made reasonable efforts to comply with the ordinance.

What is a 'special exception' in zoning?

A use permitted by the zoning code itself, provided that specific conditions built into the code are met.

What are the three accepted solutions for handling non-conforming uses in zoning?

Amortization (phasing out), vested rights (maintaining existing use based on reliance), and estoppel (preventing enforcement due to government error).

When is 'strict scrutiny' applied to zoning regulations?

When the regulation impinges upon fundamental rights, such as racial equality or family choices.

What is the 'rational basis' test in zoning law?

A standard where the law must be reasonable, not arbitrary, and bear a rational relationship to a permissible state objective; used for economic interests.

What was the holding in Southern Burlington County NAACP v. Township of Mount Laurel?

Zoning ordinances cannot be used to exclude low-income housing; municipalities have a duty to provide for the general welfare of the region.

What does the Fifth Amendment require for the government to take private property?

The taking must be for public use, and the government must provide just compensation.

What is the 'public use' requirement for eminent domain according to Kelo v. City of New London?

The requirement is satisfied if the taking serves a 'public purpose,' even if the property is transferred to a private entity for economic development.

What is the difference between a real covenant and an equitable servitude regarding 'touch and concern'?

Both require that the promise touches and concerns the land, meaning it attaches to the land rather than the person.