Home Builder On My Land
I have my Property Law Chart subpage here.
Based upon:
Non-Land
History
Pierson v. Post : Dead fox case, Hunter pursues fox chasing him into a burrow, another hunter slugs the animal over the head and seizes him for himself. Who owns the fox? The pursuer or the killer?
Ghen v. Rich : Dead whale case, Whale washes up on shore 17 mi. from Cape Cod. No way to be sure who killed it. Finback’s sink after being killed and it takes time for them to return to the surface. It is unreasonable to expect the whaler to wait for the whale to return to the surface.
Popov v. Hayashi :Barry Bonds homerun ball, hits Popov’s glove, crowd knocks Popov over and Hayashi recovers it. Court says sell the ball and split the value.
(Personal project: Deference to League)
Tragedy of the Commons - Overconsumption of common grass by cows, leads to economic decline
Rule of Capture
Rule of Capture
Elliff v. Texon Drilling Co. :
Hammonds v. Central Kentucky Natural Gas Co. :
Trespass: depositing "wild" property onto another's land to be stored
usque ad infernos - To the roof of Hell
Armory v. Delamirie :
Ring owner loses ring Chimney Sweep finds ring and brings it for appraisal to jeweler's apprentice Jeweler's apprentice steals ring from Chimney Sweep
Benjamin v. Lindner Aviation, Inc. :Finds money tucked into airplane wing
4 kinds of found goods:
- Lost - Unintentionally dropped property
- Abandoned - Intentionally discarded property with no intention to reclaim it (Goods go to the finder)
- Mislaid - Intentionally laid down property with intention to reclaim it (Goods go to the property owner)
- Treasure Trove - Money, Gold, or Silver in the ground so long, the owner is certainly dead.
Additional questions of ownership: Land owner v. Finder and Employee/Employer
Finder's rights: 1)Reward; 2) Ownership after time period
Intellectual property rights
Intellectual property rights
Patents
Protects ideas & inventions
Copyrights
Protects expressions & likenesses
Haelan Laboratories v. Topps Chewing Gum
White v. Samsung
Trademarks
Protects manufacturer's identity
Quasi Intellectual Property Rights
International News Service v. Associated Press F: INS is a
Cyberspace
Intel v. Hamidi
Land Rights
History of U.S. Property
Johnson v. McIntosh : F: Sons file an action of quiet title seeking to affirm their exclusive claim to the property H: Land purchases made by individuals were illegal. The Treaty of Paris granted ultimate title of those lands to Virginia, not the Piankeshaw. Therefore, Viviat & Johnson’s “purchase” was illusory. The property was acquired & redistributed by the US. The US lays claim to all Native American land, unless a treaty for that land exists.
Yosemite Valley Case F: Individual booted off land, as his presence was distinguished from homesteading, b/c land was reserved for public use.
Illinois Central Railroad Case Navigable Waters – Equal Footing Doctrine
Trespassing
Quare Clausum Fregit
(wherefore he broke the close)
Extents of Ownership:
Cuius est solum eius est usque ad coelum et ad inferos
Translation: For whomsoever owns the soil, it is theirs up to the sky and down to the depths
Invasion
Jacque v. Steenberg Homes
Nuisance
One person's property use interferes with another, but they disagree as to who has the entitlement. Determining whether or not an activity is a nuisance, essentially assigns entitlement to one party or the other. The winner has the entitlement.
If the entitlement is protected by damages, the winner is paid cash value for his entitlement. If protected with injunction, the winner can do what they want and the other party has to bargain.
Externalities – Actions by Landowner A that effect Landowner B in ways unconsidered by Landowner A. As neighbours, A & B each share fault.
Maguire v. Yanke
Encroachment
Somerville v. Jacobs MAJORITY RULE
Peters v. Archambault minority rule
Limits on Exclusion
Landords/Employers
State v. Shack Landlord/employer bans attorney & health worker from visiting resident migrant worker privately
Proprietors/Customers
Under common law, proprietors of public accommodations (innkeepers & common carrier) have a duty to the general public and are obliged to serve , without discrimination, all who seek service.
Brooks v. Chicago Downs Track bans bettors for national organization
Uston v. Resorts Hotel Casino bans card-counter
Protestors
State v. Schmid University bans political leafletter
NJ Coalition Against War v. J.M.B. Realty Shopping center bans anti-war protestors from demonstrating
Public Trust Doctrine
Matthews v. Bay Head Improv.
Landowners Duties
Waste
Waste is any alteration to property permitted by a current possessor that may reduce its value for Present & Future Interest holders
- Voluntary Waste (destructive acts, including removal of fixtures* by tenants)
- Permissive Waste (failure to maintain)
- Ameliorative Waste (must not enhance property value, unless all P&FI holders are known & consent)
* Fixtures does not include those annexed items the tenant announced he intends to take or those in the trade/business conducted on the premises by the tenant (dentist's chair). Incidental damages from removal, however, are due to landlord.
Who is protected from waste?
- Present interest holders (Landlords & co-tenants)
- Future interest holders (Reverters, Remainders, etc.)
Disclosure
Co-Tenancy & Shared Ownership
Carr v. Deking , 765 P.2d 40 (Iowa 1988) H: A cotenant may lawfully lease his own interest in the common property to another without the consent of the other tenant and without his joining in the lease. The nonjoining cotenant is not bound by this lease; the lessee becomes a tenant in common with the other owners for the duration of the lease.
Co-Tenancy Table
Partition _______: Voluntary by parties
Partition in kind: physical division, a judicial act if in the best interest of all.
Forced Sale: a judicial act if in the best interest of all.
In a TbtE jurisdiction, use of the phrase
husband & wife
, absent contradictory terms, is assumed TbtE, not JT.
One spouse's creditors can't touch TbtE; Neither tenant acting alone can defeat right of survivorship.
No unilateral partition of possessory rights
,
must be
sought through
legal action
(for TbtE, divorce only).
Absent ouster
, a
co-tenant in exclusive possession is neither liable
to any other
for rent nor
permitted to
claim adverse possession
(no
hostility
without ouster).
Co-tenant
may unilaterally lease
whole, but
must account
to co-tenants their share of rent.
Co-tenants
must not commit waste
. Actions for waste can be brought during lifetime of the co-tenancy.
Sue for an accounting → Audit & payments made
Divorce
Traditional
In re Marriage of Graham
, 574 P.2d 75 (1978) H: An educational degree has no value, because future earnings are too difficult to calculate.
Marital property does not include:
(a) Property
acquired by gift
, bequest, devise, or descent
(b) Property acquired in
exchange for
property acquired
prior to the marriage
or in exchange for property
acquired by gift
, bequest, devise, or descent
(c) Property
acquired
by a spouse
after
a decree of
legal separation
; and
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