Property - Fundamental Concepts Flashcards
Labor Theory
John Locke
Whatever a person has removed out of the state of nature and mixed his labor with, and joined to it something if his own, it is now his property.
When a person has changed its original conditions and greatly enhanced its value by his labor.
Ferae Naturae
Any animals that are not designated domesticated by law.
Generally considered property of no one, however a person can obtain a property interest by capturing one.
Tragedy of the Commons
It is in an individuals interest to exploit a collective resource, but it is in the interest of the community that the collective resource be sustained.
But if one individual decides to manage sustainably, someone else will likely come along and do it anyway.
Externalities
Exists when a person makes a decision about how to use resources without taking into full account the effects of that decision.
Property rights can value maximize this by “internalizing externalities” through incentivizing property owners to use resources efficiently
Ratione Soli
Conventional view than an owner of land has possession (constructive) of any wild animal on their land.
Gray’s Rule
Where an actor undertakes significant but incomplete steps to achieve possession of a piece of abandoned property and the effort is interrupted by the unlawful acts of others, the actor has a legally cognizable pre-possessory interest in the property.
Conversion
intentional exercise of complete control which significantly deprives the rightful owner of their property
Four Elements of Adverse possession
- Exclusive entry
- Continuous for statutory period
- Open and notorious
- Adverse, hostile, under claim of right.
AP - Exclusive Entry
Not shared with general public or owner
Starts the SOL clock
AP - Open and Notorious
You cannot be hiding. Must put a reasonably attentive property owner on notice. Constructive knowledge is enough.
Underground not open.
If minor encroachment of common boundary, actual knowledge required (Manillo).
AP - Continuous
For statutory period
Doesn’t have to be constant, just has to be used as an average/true owner would under the circumstances
Howard v. Kunto
AP - Adverse, hostile, and under claim of right
Aka “Claim of Title” - one way of expressing the requirement of hostility or claim of right on the part of an adverse possessor.
Adverse = against the owners property rights (the owner cannot have given you permission).
Three different views: (1) objective - we don’t care about state of mind, (2) good faith - “I thought I owned it”, or (3) Bad faith - I knew it wasn’t mind and intended to make it mine
AP - Privity
Voluntary transfer allows another to step into the shoes of the first adverse possessor in terms of their interest in the estate.
Tacking allows individuals in privity to attach the first individual’s time of occupancy to the second person’s so that the statutory requirement for adverse possession may be met.
AP - Disability
We are only looking at the person who could have brought a cause of action the date the adverse possessor entered.
Disability is an exception to the adverse possession statute of limitations
Disabilities cannot be tacked. If A is of unsound mind and C begins adversely possessing the land, A dies conveying the land to B while B is of minority age, the statute runs from the end of A’s life, not when B becomes majority age.
AP - Color of Title
A document or other instrument that appears to be a legitimate claim of title to a piece of land, but due to a title defect, cannot transfer or convey ownership.
Easier to adversely possess because SOL is typically shorter.
Exception:
- cannot constructively possess property of which another is in actual possession
Doctrine of Agreed Boundaries
if there is uncertainty, an oral agreement to settle the matter is enforceable if the neighbors subsequently accept the boundary for a long period of time
Encroachment Removal Test
- Plaintiff has to show that they would suffer irreparable harm if removal were denied.
- Weigh harm/hardship to plaintiff versus defendant.
Gift - Causa Mortis
When the donor has an apprehension of death.
Gift takes effect immediately, but can be revoked if they survive.
Gift - Inter Vivos
A gift between living persons
Gift Requirements
(1) Delivery, (2) Intent, and (3) acceptance of gift
Gift - Delivery
Actual
If the item can be handed over, constructive or symbolic delivery generally insufficient
Constructive: suffices in the case of property which cannot be physically delivered or would be very inconvenient.
Symbolic: Written Instrument
Causa Mortis - stricter requirements for delivery - less likely to accept symbolic/constructive in lieu of actual or written
Gift -Intent
Must be intent to make present transfer of ownership
Gift - Acceptance
Must be accepted - easily satisifed
Copyright Elements
- Originality: must be independent creation of author and possess at least some creativity.
- Work of author: literary works, dramatic works, musical works - protects expression, not ideas
- Fixation: Requires work to be “sufficiently permanent or stable to permit it to be perceived for a period more than a transitory duration.”
