Chapter 17: Contemporary Property

Nuisance

is an action for the use of anothers land in a manner that harms ones own.

Private property

provides a basis for individuals to act independently of the state.

law of real property

The began in England as a system for maintaining the authority and power of the king and nobility.

Private property

was at the core of the founders vision of a new society; it was critical in the Civil War, when a plantation- based, slave- owning South sought to defend its way of life; and it remains a foundation of the American understanding of what makes democracy work.

To quote the relevant portions of the Fifth Amendment

"No person

The same principle is made applicable to the states in the Fourteenth Amendment

"[N]or shall any State deprive any person of life, liberty, or Property, without due Process of law."

Trespass

__ is an action brought by a landholder for another person’s entry on the land without a license to do so.

Bill of Rights

When the _ was adopted in 1791, the critical trilogy of American law became “life, liberty, and property.”