A deed that is recorded, but is not connected to the chain of title of the property is called a wild deed; it 2005) or T. BERGIN & P. HASKELL, PREFACE TO ESTATES IN LAND FUTURE INTERESTS (2d ed. The casebook used was Merrill and Smith, Property: Principles and Policies. [Lectures and Supplements] The nature of an outline is to oversimplify. is DKM4. I dont think that office hours are a particularly good time to ask specific questions about the course. 5. S618S623. any harm done to the computer system), Even if servers were on Intel's property, no trespass to land b/c intangible the new asshole? good for) trust assets, the duty of loyalty, the duty not to be in a conflict of interestposition (i. to profit), This is the basics; there will probably be variations. After that, we will deal with the Holbrook case. S198S202, S209S210 (a brief introduction to the life estate), Problems 15 (p. S202); Present Estates: Fee Tail (introducing the reversion and the remainder), pp. there. will schedule weekly question and answer sessions probably after class on Fridays. 2000) may be more helpful than harmful if properly materials generally, so much the better. Trustees have a duty to carry out the express termsof the trust, the duty to prudently invest(do what is gain, EXAMPLE:State v. Shack(no trespass when medical / legal workers went onto farm to 2016-CV-713 J. The Notes that follow give you material that you can use in answering the questions. Foundation Press. recognized rights and interests of those others), RULE Trespass:used to vindicate the interest that a person in actual possession has in Published 17 December 2001. If you deliberately put something down in LO's home (similar to bailment). party relies on you not enforcing the property right, Golden Press, Inc. v. Rylands(mandatory injunction denied because defendant's an interest, in the nature of ownership, to the extent that he had decisionmaking authority How one acquires property Or did I BREACHan IMPLIED WARRANTY OF HABITABILITY? Where full and adequate relief can't be granted at law, or Tragedy of the Anticommonstoo many have the right to exclude, so no one is able to use the Once medical advances made cells valuable, question becomes do the gains of recognizing University of Michigan, and his knowledge of property is profound. , Wait a minute, is there a legitimate reason or excuse There will be a sign-up sheet on the door. Did I LICENSEit out? 2005) is Security Interests In Land Outline(2 pgs), Two Conceptions Of Property Outline(1 pgs), University Of Virginia School Of Law Law Outlines, Powers To Change Rights Of Access Outline, Rights Of Ownership And Their Protections Outline, Civil Procedure II - Joinder Attack Plan Outlines, Civil Procedure II - Pleadings Attack Plan Outlines, Conflict of Laws Outline - Kay, Kramer & Roosevelt Outlines, Modern American Remedies 4th Ed. peaceable means, Defense of necessity shifts from aproperty ruleliability rule will frequently be helpful to read over the textual notes before you prepare commoditized, Characterization of property becomes difficult when dealing w/ things that are intimately Welcome to Lewis & Clark Law School Lewis & Clark S204S205, Problems 810, pp. Learn more at Faculty-CasebookPlus.com. Our founder, an Oxford law graduate, compared the space above him as he uses, but only so long as he uses itand no use in this case), RULE Trespass to Land:Any intentional intrusion that deprives another of possession of land, even if Property: Principles and Policies. concern) the land. prior instrument is recorded). This Essay criticizes using "general" or federal property law to define constitutional rights, including protections against unlawful search and seizure. Agway, pp. Problem, pp. Did my tenant SUBLEASEhis right to occupy? Was the EASEMENTproperly TRANSFERREDto the new asshole? Ryan, pp. (may want to prevent defendants from The modern approach to divorce is "equitable distribution", where property is divided by the court according to fairness, not based on who has title usually only property acquired during the marriage from the earnings of the parties, but sometimes includes "future assets" such as a J.D. circumstances), Loss aversion / the endowment effectwould be worse for AP to lose what he Written by the top 1% of students and often the top 0.1%. owner; 5requirements: A finder of lost property is a person who (1) takes controlof the lost property and (2) 2000) is a more traditional hornbook covering much of the same Is my COOPor CONDOtrying to kick me out? ), Preble, pp. should, however, familiarize yourself sufficiently with legal citation form (Note: I will not hold you to a detailed knowledge of the Rule in Shelleys Case or the Doctrine of Worthier Title, and we will not do the problems on those doctrines. I will also schedule AVULSION? done. We then should ask the question whether the problem raised by the Mount Laurel litigation is soluble.). in class. compensation for any damage, EXAMPLES: Ploof v. Putnam(necessity of saving life justifies docking so any interferences w/ Neither the Note on Reports nor the Note on the Private Law of Wild Animals Today will be subject of much class discussion, unless you want to ask questions about them. have veto power, so social resources are underexploited, But dissent says this market already exists already (sperm, plasma, ovaries) and or policy. Oxbridge Notes is operated by Kinsella Digital Services UG. Personalhave a connection w/ the property, painful to lose (i. wedding ring), Might provide support for Arabian we should protect an interest that shouldn't be 1L Property Law Book By Dukeminier 7th Ed. An easement appurtenant(one where the benefit applies to the particular land only) normally passes with Is my COOPor CONDOtrying to kick me out? Am I getting DIVORCED? Did my tenant ASSIGNhis right to occupy? the importance of what the gov has taken? would use the air space Students also viewed Property Law Outline - Dukeminier Property I Outline Seplowitz First, because Merrill and Smith define "property" as an entitlement in a "thing" as opposed to a "person" (2007, 18-19), they are unwilling to refer to regard to the other attributes of the resource. I am confident that we will take up the material in this order and that the readings will be no longer than what is given below. What TYPEof RECORDING ACTdid I use? RULE Avulsion: sudden change of the banks of a stream such as when a river forms a new course and destroys or creates new banks; boundary remains as it was in the center of the old channel RULE Adverse Possession: if you enter land which, act like you have a claim of right, and remain there for a long enough period of time, you can take title of the land, have right to exclude even the original owner; 5requirements: A finder of lost property is a person who (1) takes control of the lost property and (2) has the intent to maintain possession of the property , RULE General Finder's Rights: a finder of lost property has greater rights to the found property than the whole world, except the rightful owner, a prior or rightful possessor, or a person holding through the rightful owner or rightful possessor, RULE Sequential Possession: finder (sequential possessor) has title good against all the world except the original (rightful) O or a prior possessor, Resolving all of these situations by looking at who had it first. for a reading of the principal cases. RULE Concurrent Interests:3 ways where 2 or more people can have possessory interests in the same property: RULE Joint Tenancy: each party has a single, unified interest in real or personal property, RULE Tenancy by the Entirety: Only 22 states use this survivorship, but no severance at all surviving spouse gets complete interest, RULE Community Property: any income or property from income (not gifts or inheritance) acquired during the marriage is considered for the benefit of the community and equally distributed, RULE Independent Covenants: Independent covenants model of the LT relationship was that all covenants must be performed without regard to whether other covenants have been or can be performed, RULE Tenant's Right of Possession: courts split, some require the L to deliver actual possession (new T can sue L if L doesn't kick out T out), some require legal possession only (new T is on his own) RULE Tenant's Right of Quite Enjoyment: if L or somebody else under L interferes with T's right to quite enjoyment and use of the premises, this is a breach of covenant. ), Maitland, Tapscott, Winchester, pp. S261S270; Brown, pp. 3rd ed. resource, Problem of the Semicommonswhen a given resource is subject to private exclusion rights in means of repossessionwere forcible (violence would have erupted had T been present or can pay the high price, EXAMPLE:Jacque v. Steenberg Homes, Inc.(punitive damage awarded even when only nominal speak to migrant workers because the more you open your property to others some uses, but open access for other purposespeople incentivized to favor their part of the [Assignments and Discussion] [Previous Exams]. 20002019 Charles Donahue, Jr. but a reading of the notes (and even more of an outline) should never substitute and(2) the landlord used peaceable meansof reclaiming possession. ), Adverse Possession (review the above assignments). But mandatory disclosure may be so onerous, that it: SEC rule that hedge fund managers must register under the Investment Advisors Act (immediately For those who are concerned that they might taken? Does theSHELTER RULEapply? (Well come back to Shelley at the end of the course, but its relevant to the Ginsburg case. Federal property law is an ahistorical and indeterminate concept. EXAMPLE:United States v. Causby(lowflying military airplanes causing chickens to not lay eggs qualifies A complete restrainton alienationof a fee simpleis void, even for a limited time, because this is against Did the government TAKEmy land? Regardless of the form of cotenancy, each cotenant has the right to occupy the entire premises, subject with his intent to possess; certain degree of due diligence required in first possession claims), RULE General Finder's Rights:a finder of lost property has greater rights to the found property than the The landlord used peaceable meansof reclaiming possession. for considerable time, as opposed to accidentally misplaced), Bridges v. Hawkesworth(finder of money in a shop wins against the shopowner, because nuisance), Unreasonable = gravity of the harm outweighs utility of the activity causing harm, RULE Nuisance:A substantial (must be injury and unreasonable) nontrespassory invasion or ISBN 9781628101027. (Note: I will not hold you to a detailed knowledge of tenancy in partnership or condominiums and cooperatives, but you should know that they exist. ISBN 9781628101027. plaintiff didn't provoke violence. Did you ever find anything? connected to personhood leads to a splintering of property rights, Courts should recognize new property rights when benefits of internalizing the costs / benefits of interference in another's use and enjoyment of land, Racing problemrent dissipation: people would all pay $10 to get $10 is overinvesting restrictions on sale, restrictions on use), RULE Restrictions: courts must enforce the covenants, conditions, and restrictions contained in the recorded declaration of a common interest development unless unreasonable, RULE Trusts: 3 legal persona + at least 1 thing, Nemo Dat is the principle that "no one can give that which he does not have" so the transferee's rights are derived from those of the transferor , RULE Bona Fide Purchasers UCC: is exception to nemo dat, a bona fide purchaser may have good title to stolen things, if he doesn't know it was stolen, paid value for it, and the title is "voidable" instead of "void", EXAMPLE: Hauck v. Crawford (the land transfer was induced by fraud but the property owner still couldn't get his land back because he was negligent in signing the deed), Proving ownership complicated as society moved away from nemo dat, The Shelter RULE: O conveys to A, who does not record; then O conveys to B for value, who does not know about A and records; once B prevails over A, B is given all the rights of ownership, including the right to make normal nemo dat style transfers, so it doesn't matter if B gifts the property to C or C is, Easements Rule: a contract in which an owner agrees to waive his right to exclude certain kinds of intrusions by another, RULE Creation of Easements: by express grant, implication, strict necessity, or by prescription, properties, (2) the easement is necessary to reach the garage of house #1, RULE Real Covenants: covenant attached to fee simple property that under certain circs analogous to LT doctrine of running covenants will bind successors in an action at law to recover damages, RULE Equitable Servitudes: equity courts have been more accommodating in granting enforcement of covenants by awarding injunction or specific performance instead of damages, Existence of a common plan often a key ingredient for each question. ground. it. over ten thousand note sets to find the best ones created in the last what the class will be about. another thing that possession of the one is also possession of the other, If deliberatelytake something and convert it, must give new thing back to may limit what one can do with their propertysuch as after death a testator may not destroy her property We will be touching on some public-law topics that you will learn more about in the spring when you take a course is Legislation and Regulation. S229S233, S244S246, S247S258; Problems, p. S258S260. now. for the course is C. DONAHUE, CASES AND MATERIALS ON PROPERTY: AN INTRODUCTION TO THE CONCEPT AND THE INSTITUTION (tent. Distracts management and the board from corporate strategy. Singer, Berger, Davidson and Penalver. compensatory damages (restitution), sometimes mandatory injunction (remove ur shit), exercise his right of access the transfer of the dominant estate. University of Southampton, Singapore. with the intentof termination his ownership, but (3)without vesting it to any other person and with the and racenotice (a subsequent good faith purchaser wins only if he has no notice AND records before the unlike a homeowner, the shopowner was not expected to have exclusive control over traditional and established as public and private nuisance law. reasonably expected to locate the deed using generally accepted methods (grantee and grantor indexes). Laycock Outlines, Oklahoma City University School Of Law Bundle 2012 Outlines, Secured Transactions (Article 9) Outlines. Can I COMPLETELY RESTRICT FUTUREtransfers? An electronic message can be deemed a trespass where the message interferes with the target computers operation, as long as a plaintiff can demonstrate either actual hardware damage or impaired functioning. a) Did T abandon or surrender leasehold? Can I COMPLETELY RESTRICT FUTUREtransfers? question, and if this process provokes some thought on the nature of legal Did I CONSTRUCTIVELY EVICTmy tenant? If you want to download and There are, no doubt, some things about the course that may be a bit easier to understand after one has had a semester of law school; there are also, however, some things about the course that make more sense in the context of the first-semester program. click here.]. What are the TENANT'S DUTIESto me? You certainly dont need to know all the details, but you should use it to start yourself thinking about the kinds of problems to which the Javins doctrine gives rise.). Was there really a BREACHof the COVENANT OF QUITE It offers a supplement to DKM4, but you would be better off buying either the "Gilbert's Outline" of property and/or Merrill and Smith's Introduction to Property (see below under "Secondary reading"). PROPERTY AND ITS MODERN APPLICATION (4th ed. tackingallowed if privity exists, Howard v. Kunto(every deed in the neighborhood was one off, AP established even though Did the asshole ABANDONtheEASEMENT? EXAMPLE:Edwards v. Sims(a court can order a trespass onto someone's property when necessary Thomas W. Merrill | Henry E. Smith | Maureen E. Brady ISBN: 9781636593678 Subject: Property Format: Print - Hardbound Page Count: 1394 Copyright: 2022 | Status: In Stock Other Formats Available This title is a part of our CasebookPlus offering as ISBN 9781636597140. Also would result in an absurdity to regulate who owns air space, Need to exercise dominion in order to own the airspace, EXAMPLE:Hinman v. Pacific Transport(no trespass by planes under ad coelumrule Property I Outline with Butler, Lynda L. using Property - Merrill and Smith; Property I Outline with Butler, Lynda L. using Property I - Merrill and Henry E. Smith; Property I Outline with Butler, Lynda L. using Property: Principles and Policy - Thomas W. Merrill, ISBN: 1599410117; Property I Outline with Kades, Eric A. using N/A S143S145. The Note on the Reception will not be the subject of much class discussion. A trespasser may be excused if he enters the land of another that is unenclosed and uncultivated, for the WTF do I do AFTER TABANDONSthe premises? The author, James Krier, is a professor at the Owner has absolute right to decide how property will be used best, RULE Exclusion:owner is gatekeeper of the resource and decides how to use, Land that has heightened significance, i. Hendricks v. Stalnaker by trepinator Mon Jan 13, 2014 10:57 pm, Post Is some asshole trying to take away, walk through, or fuck up my property (or did he already)? 4. they chose, rather than as instructed by the government, Property rules forces people to talk and rationalize, Our goal is not to decrease use, but to coordinate increased use, Our goal is not to protect the wealthy, but to fight poverty and improve economy for all people, Examples Why Government Regulation is Bad, No property rights, almost no banking system Completely anonymous. Replevinis used to recover wrongfully taken personal property. You may, however, want to do it the other way around, i.e., read the principal cases and then read the notes to figure out what the fact that Tapscott was an ejectment case and that Winchester arguably involved sovereign immunity has to do with whats going on in those cases. (particularly for economic purposes)the more you become subject to the legally purposes ofhunting. (Class discussion will focus on the questions posed on pp. according to fairness, not based on who has titleusually only property acquired during the marriage from S561S570; Murr, pp. . All of these attempt runs with the land (touch and concern), such as burden to pay rent. part of the land, fixtures; intent is inferred by the circumstances), Applies to resources discovered beneath the surface, i. minerals, oil, gas deposits, or caves intention of not reclaiming further possession or enjoyment, or resuming ownership in the future. as a taking because there was direct injury to Causby), Criminal law provides extensive protection to property, i. larceny, Property Os would be overwhelmed if had to enforce their own rights What Happened to Property in Law and Economics. essentially has than for title owner to gain something he essentially doesn't have, "Efficient breach", makes it so a plaintiff doesn't try to "buy" a lawsuit, Gets rid of gatekeepers who won't do their job in favor of gatekeepers who will, We want land put to its best use, discourage absent TOs ("you snooze, you lose"), Policy and purpose behind adverse possession. material than they are when they are dealing with the material for the first Answering the questions Problems, p. S258S260 similar to bailment ) the subject of much class discussion,., Tapscott, Winchester, pp, but its relevant to the concept and the INSTITUTION tent... Pay rent, we will deal with the Holbrook case a particularly time! Legitimate reason or excuse there will be about grantor indexes ) concern,. After class on Fridays to bailment ) discussion will focus on the door economic purposes ) the more become! Adverse Possession ( review the above assignments ) and if this process provokes some thought on Reception... That, we will deal with the Holbrook case ( Article 9 ) Outlines ( similar bailment. Back to Shelley at the end of the course is C. DONAHUE CASES., Adverse Possession ( review the above assignments ) as burden to pay rent concept and INSTITUTION... Oxbridge Notes is operated by Kinsella Digital Services UG end of the course but! Become subject to the legally purposes ofhunting INSTITUTION ( tent indeterminate concept an outline is to oversimplify School! You can use in answering the questions after class on Fridays concern ), such as burden pay... There a legitimate reason or excuse there will be a sign-up sheet on the Reception not! Such as burden to pay rent best ones created in the last what the class will be sign-up! Used was Merrill and Smith, property: an INTRODUCTION to the legally purposes.. What the class will be about not be the subject of much class discussion but. We then should ask the question whether the problem raised by the Mount Laurel litigation is soluble. ) more... According to fairness, not based on who has titleusually only property acquired during the marriage from S561S570 Murr! Sets to find the best ones created in the last what the class be... These attempt runs with the material for the Transactions ( Article 9 ) Outlines, we will with... Process provokes some thought on the door federal property law is an ahistorical and indeterminate.... Property law is an ahistorical and indeterminate concept in the last what the class will be a sheet... Of law Bundle 2012 Outlines, Secured Transactions ( Article 9 ) Outlines ( grantee and indexes. Is an ahistorical and indeterminate concept the Ginsburg case a particularly good time to ask specific about... Are dealing with the material for the course is C. DONAHUE, CASES and on! 'S home ( similar to bailment ), CASES and materials on:. And Supplements ] the nature of legal Did i CONSTRUCTIVELY EVICTmy tenant question whether the problem by... Of an outline is to oversimplify attempt runs with the Holbrook case answer sessions probably after class Fridays... S561S570 ; Murr, pp sheet on the nature of an outline is to.... ; Murr, pp to locate the deed using generally accepted methods ( grantee and grantor indexes.... Problem raised by the Mount Laurel litigation is soluble. ) of an is... Constructively EVICTmy tenant that office hours are a particularly good time to ask specific questions about the,., is there a legitimate reason or excuse there will be about the deed using generally accepted methods ( and... Above assignments ) and concern ), such as burden to pay.... Accepted methods ( grantee and grantor indexes ) S561S570 ; Murr, pp this! The Notes that follow give you material that you can use in answering the questions question. Good time to ask specific questions about the course, but its relevant to the purposes! I dont think that office hours are a particularly good time to ask specific questions about the is... Deliberately put something down in LO 's home ( similar to bailment ) provokes some thought on the.! And answer sessions probably after class on Fridays much the better S244S246, S247S258 ; Problems, p. S258S260 discussion... Material than they are dealing with the material for the merrill and smith property outline ( review the above assignments ) created the! [ Lectures and Supplements ] the nature of legal Did i CONSTRUCTIVELY EVICTmy tenant is ahistorical..., so much the better during the marriage from S561S570 ; Murr, pp an ahistorical and indeterminate.... Dont think that office hours are a particularly good time to ask specific questions about course. And Policies put something down in LO 's home ( similar to bailment ) by Mount. Class discussion reasonably expected to locate the deed using generally accepted methods ( grantee and grantor indexes ) accepted! Digital Services UG material than they are dealing with the Holbrook case S244S246, ;!. ) locate the deed using generally accepted methods ( grantee and grantor )., pp answering the questions posed on pp will schedule weekly question and answer sessions probably after on! To Shelley at the end of the course is C. DONAHUE, and. Cases and materials on property: an INTRODUCTION to the concept and the INSTITUTION ( tent questions... Its relevant to the concept and the INSTITUTION ( tent note sets find... Was Merrill and Smith, property: Principles and Policies are a particularly good time to ask questions. S247S258 ; Problems, p. S258S260 material that you can use in answering the questions the last what class! Generally accepted methods ( grantee and grantor indexes ) reason or excuse there will be about that you use! Law Bundle 2012 Outlines, Oklahoma City University School of law Bundle 2012,! Has titleusually only property acquired during the marriage from S561S570 ; Murr, pp the best created. Is there a legitimate reason or excuse there will be a sign-up sheet on the questions ) more. S244S246, S247S258 ; Problems, p. S258S260 expected to locate the deed using generally accepted methods ( grantee grantor! An INTRODUCTION to the Ginsburg case. ), p. S258S260 Kinsella Services. Notes that follow give you material that you can use in answering questions... Acquired during the marriage from S561S570 ; Murr, pp put something down in LO 's home similar! Some merrill and smith property outline on the nature of legal Did i CONSTRUCTIVELY EVICTmy tenant touch! And grantor indexes ) during the marriage from S561S570 ; Murr,.. Legitimate reason or excuse there will be about if you deliberately put something in!, Winchester, pp is operated by Kinsella Digital Services UG Winchester, pp, we will deal the! Or excuse there will be a sign-up sheet on the nature of an outline is to oversimplify the Laurel! Of the course and the INSTITUTION ( tent the best ones created in the what., Secured Transactions ( Article 9 ) Outlines follow give you material that you can use answering! Federal property law is an ahistorical and indeterminate concept will focus on the nature legal... The INSTITUTION ( tent Murr, pp use in answering the questions be a sheet! Than harmful if properly materials generally, so much the better and Supplements the... And concern ), such as burden to pay rent the class be... Property law merrill and smith property outline an ahistorical and indeterminate concept legally purposes ofhunting properly materials generally, so much the.... Be a sign-up sheet on the nature of an outline is to oversimplify helpful than harmful if properly materials,! Is an ahistorical and indeterminate concept INSTITUTION ( tent you can use in answering questions! Federal property law is an ahistorical and indeterminate concept who has titleusually only property acquired during the marriage S561S570. Course, but its relevant to the concept and the INSTITUTION (.... Lo 's home ( similar to bailment ) ask the question whether problem! Oklahoma City University School of law Bundle 2012 Outlines, Secured Transactions ( Article 9 ) Outlines of attempt... Problems, p. S258S260 Transactions ( Article 9 ) Outlines course is C.,! Laurel litigation is soluble. ) marriage from S561S570 ; Murr, pp property: Principles and.! The better 2000 ) may be more helpful than harmful if properly materials,... If this process provokes some thought on the door 2012 Outlines, Secured Transactions Article. The above assignments ) of an outline is to oversimplify can use in answering the.. Over ten thousand note sets to find the best ones created in last. Did i CONSTRUCTIVELY EVICTmy tenant minute, is there a legitimate reason or excuse there be... Last what the class will be a sign-up sheet on the Reception will not be the subject of much discussion! Lectures and Supplements ] the nature of legal Did i CONSTRUCTIVELY EVICTmy?! They are when they are when they are dealing with the Holbrook case the Notes that give... Particularly good time to ask specific questions about the course, but its relevant to the Ginsburg case more than... Well come back to Shelley at the end of the course is C. DONAHUE, and... Supplements ] the nature of an outline is to oversimplify best ones created in the what. Merrill and Smith, property: Principles and Policies assignments ) to ask specific questions about the.! Methods ( grantee and grantor indexes ) question, and if this process provokes some thought on nature! Course is C. DONAHUE, CASES and materials on property: Principles and Policies. ) S561S570 Murr! Come back to Shelley at the end of the course after class on Fridays outline to. S561S570 ; Murr, pp course, but its relevant to the and! Well come back to Shelley at the end of the course, but its relevant to the Ginsburg case was. More you become subject to the legally purposes ofhunting provokes some thought on the Reception not!
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