Property Fall 25

What are property rights

difficult to define! Comes with the right to exclude others and that right comes from the state. There is a right of enforceability when you have property, the question is how much are you willing to do to enforce your right (would you charge for trespassing, call 911, take to court?)

what is enforceability

You have the right to bring a legal claim and this right comes from the state.
These legal claims include trespass, specific performance, loss of enjoymentt and economic loss

right to legal claim -specific performance

aka, equitable remedy is the action required to make right a wrong. Money is not enough, an action like giving back a house that was taken, must be acted upon.

right to legal claim - Loss of enjoyment

a nuisance, it is preventing you from using your property in the way you would like t use it.

right to legal claim - economic loss

preventing a business on the property from operation causing a loss of financial gain.

types of legal claims you have a right to under enforceablility

specific performance, trespass, loss of enjoyment, economic loss. c

common property

technically public property, aka everyone has access to it/ anyone can go there and it is available to everyone.

private property

the right to exclude others from the use or benefit of a thing or resource.

Stewardship

• stands like the antithesis to property’s “right to exclude”. Says that the thing or item itself has the right to determine who/how it is used. The right to exclude comes from the land. Enforced by the land’s ability to produce.

• This is explored further in “G. Potts - The Land is the Boss”

Bundle of Sticks

wide group of rights people have when owning/having property. A stick is one of the many rights.
The rights we have are continuously subject to debate.

single variable

a single right that trumps them all, the right to exclude is necessary and sufficient

Multivariable

many rights with the right to exclude is necessary but not sufficient

nominalism

a legal system can label property as anything it wants to!

Blackstone

says the right to exclude others is the key to property! Free use, enjoyment and disposal are other “rights” associated with property.

Ultra Vires

Introduced in Harrison v. it is an act performed by a corp.or govt. That is outside the scope of its legally conferred authority

Stare decisis

The courts are bound to decisions made prior to it.

Court decisions are not binding when they are on the same level.

Cometi

In the absence of state decisis, cometi or the act of being a team player and moving forward on a decision as previously passed at an equal court.

Laskin - definition of trespass

Unjustified invasion of another's possessions.

Another definition of trespass

Entering upon land in possession of another without the legal right to do so. Defined in the Stanley case.