Property I: Right to Exclude and Trespass

What is the “bundle of sticks” theory of property?

Property consists of different rights, including the right to transfer, exclude, use, and destroy.

What is the right to exclude?

A landowner's right to keep others off their property. It is implemented through the tort doctrine of trespass.

What is trespass?

An intentional, unjustified, and direct physical interference with another person's land, personal property, or physical body.

What are the elements of trespass?

Intent and causing something else or a third person to enter property without permission.

Under modern law, when is someone liable for trespass to land?

When they intentionally enter land belonging to another, even if they caused no harm.

Does someone have to intend to trespass in order to be liable?

It is not necessary to prove the person intended to trespass or acted in bad faith.

What are the two privileges that can prevent conduct from being trespass?

Consent and necessity.

What happens if a landowner invites someone onto the property?

Once someone has been invited in, the landowner generally cannot claim that person is a trespasser based simply on that invited entry.

What is intentional trespass to land?

Intentional entry onto another's land without sufficient justification/privilege.

What is trespass to chattel?

intentional interference with another person’s personal property (a “chattel”) that causes some legally recognized harm.

What are the elements of trespass to chattel?

1. Intent — The defendant intentionally interferes with the plaintiff’s personal property.

2. Interference — The defendant dispossesses, uses, or otherwise interferes with the property without permission.

3. Actual Harm — The interference causes damage to the property, deprives the owner of its use for a substantial time, or otherwise impairs its condition, quality, or value.

What is the difference between trespass to chattel and conversion?

Trespass to chattel involves less intrusive interference with personal property; conversion is a more serious interference with possession/ownership that requires the full amount of damages to be paid.

What are nominal damages?

A small, symbolic amount awarded when a legal right was violated but there was no actual harm or financial loss.

What are punitive damages?

Damages intended to punish the defendant and deter future wrongdoing.

What are compensatory damages?

Damages intended to compensate the plaintiff for concrete losses caused by the defendant's wrongful conduct.

Can intentional trespass support punitive damages even without actual damages?

Yes, nominal damages for intentional trespass can support punitive damages.

What fundamental property right did Jacque v. Steenberg Homes emphasize?

The right to exclude others from private property.

What is the rule of law for Jacque v. Steenberg Homes?

An intentional trespass to land is actionable even without actual damage. Nominal damages may support an award of punitive damages when the trespass is sufficiently egregious and the requirements for punitive damages are met.

Are property rights absolute?

No. Property rights are relative and can conflict with other rights and interests.

What is the major limitation on the right to exclude from State v. Shack?

A landowner cannot use the right to exclude to deny people living on the property access to essential governmental, legal, or medical services.

What principle or rule of law does State v. Shack establish?

Property rights serve human values and are limited by them. Ownership does not give an owner unlimited control over people living on the property.

What is “objective intent”?

What a reasonable person would believe regarding the person's intent.

What is a privilege in the context of trespass?

A legal justification for entering or remaining on property, such as consent or necessity.

What is the necessity defense?

A defense allowing a person to avoid liability/prosecution when they act to prevent greater, imminent harm.

What are the elements for the necessity defense?

The defendant must show an immediate risk of significant harm, a reasonable belief the action will prevent it, no reasonable legal alternative, and harm caused is smaller than harm avoided.

Can someone claim necessity if they created the emergency?

A person generally cannot claim necessity if they created the dangerous situation.

What is adverse possession or “squatter rights”

Where a person who is not the legal owner gains ownership of a piece of land by occupying it openly, continuously, and without permission for a certain number of years.