W2 Flashcards
(10 cards)
Jacque v. Steenberg Homes
Facts & Holding
Facts: case where ∆ intentionally respassed πs property because it was the easiest way to get to their mobile home delivery location
Holding: Both the private landowner and society have much more than a nominal interest in excluding others from private land.
right to exclude prongs (2)
trespass = fundamental way to enforce right to exclude in CL
intent = not the intent to trespass, just the intent to enter the land and the land is in possession of someone else regardless of whether the trespasser knows that.
State v. Shack
Facts & holding
Facts: ∆ entered private property to aid migrant farmworkers employed and housed there
Holding: ∆s invaded no possessory right of the farmer-employer. there conduct was therefore beyond the reach of the trespass statute
right to use definition
traditionally, a landowner had the absolute right to use his property in any way he wished – as long as he did not harm the rights of others.
principal limitation on the right to use
the CL doctrine of nuissance.
tranfield v. acruni-english
facts and holding
facts: π purchased property with a view of the ocean, after a disagreement with neighbor (∆), ∆ planted 10-12 ft high trees to block their view
Holding: ∆s installation of trees constituted a SPITE FENCE because her installation which created a dense and continuous wall, was done with malice.
Right to destroy difficulty
difficulty arises when an owner seeks to destroy property that retains substantial value like a renowned painting, historic papers, or a new mansion.
Eyerman v. Mercantile Trust Co
Facts & holding
facts: woman left in her will that she wanted her home destroyed, land sold, and profits to go to her estate. ∆ neighbors sued arguing that it would depreciate adjoining propetry values and harm the “aesthetic and historic qualities of the area.”
Holding: no benefits are present to balance against this injury we hold that to allow the condition in the will would be in violation of the public policy of this state.
Privity definition
when one or two parties hold an interest in the same real privity
tacking definition
Note: most states allow tacking only if the successive occupants are in privity.
when an occupant transfer his property rights to a successor (ex. deed or will)
