Property Outline Prof. Ron Rosenberg, Spring 2009 Based on Dukeminier, Krier, Alexander & Schill’s Property 6th Edition Chapter One: First Possession – Acquisition of Property by Discovery, Capture and Creation Acquisition by Discovery (Conquest) First-in-Time Fundamentally: The first person to take possession of a thing owns it. Also known as the rule of capture Implements […]
▶ License: O’s revocable invitation to others for limited access to P ▶ Servitude: creates art or obligation re: P that “runs with the land” ▶Easement: right you give another to use your land in a certain way; ▪ Excpn: Negative Esmt (eg, solar, historic, conserv’n); act like RCs ▶Real Covenant: obligates you […]
Nuisance & Land Use Conflicts Among Neighbors Some important sticks Held by Landowner: Right to occupancy To lease to T To sell/gift it, over time To mortgage it for equity To covenant about its use By the neighbors/community Right to tax it To regulate certain uses To access during emergency To take it for public […]
Nuisance & Land Use Conflicts Among Neighbors Land Use Entitlements Basic solution to Land use conflicts between neighbors D’s privilege: freedom to act despite the harm Damage without legal redress P’s security: strict liability or absolute right to be free from the harm P effectively has veto rights over D’s harmful activity Reasonableness Test Authorized […]
System of Estates Present Estates Fee simple absolute and Defeasible Fees Fee Simple Determinable with Possibility of Reverter FS subject to condition subsequent with right of entry FS subject to Executory limitation with Executory Interest Wood v. Board Commrs Cathedral v. Garden City Life Estates, Reversions and Remainders Contingent and Vested Remainders Vested Remainders subject […]
The Meaning, Origin, and Acquisition of Property The first person to ake posseion of a thing owns itrule of capturewhy? Reward labor and protect investment in resources. Labor and Investment Dred Scott 13th Amend: “Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within […]
Third-Party Rights and Responsibilities In general, third parties can only sue for damages if they are intended beneficiaries, not incidental beneficiaries. The law is receptive to payees who wish to assign their rights to payment. The law is generally unreceptive when the suit is over the delegation to perform a duty. For instance, if […]
Impossibility, Impracticability, and Frustration Distinguish: frustration is about the principal purpose being frustrated; whereas impracticability is about performance having become impracticable. Common Law has evolved narrow doctrines to excuse performance: Impossibility: Prof notes: Rst. 2d, 262-264: Principal situations where a court will excuse: when a person whose existence is necessary for the performance dies or […]
Implied or Constructive Conditions Definitions An implied condition is one that can be implied from the parties’ conduct. A constructive condition is one that is not agreed on by the parties, but which is supplied by the court for fairness. Order of Performance Rst. 2d 234 (Prof. notes 234): Subsec (1) says where two promised […]
Express Conditions Merritt Hill Vineyards, Inc. v. Windy Heights Vineyard, Inc. Facts: P entered into agreement to purchase controlling stock interest in vineyards, brought action against D to recover deposit and consequential damages for D’s failure to produce title policy and mortgage confirmation at closing. Result: D’s agreements to produce title policy and mortgage confirmation […]
