[Assignments and Discussion] [Previous Exams]. ISBN 9781628101027. S285S295. Property: Principles and Policies. I am far less confident that we will take up the material on the specific dates mentioned or that what we will take up will be exactly what is given here. This outline covers the entire Merrill & Smith Property textbook used at most law schools. Steenberg Homes, Inc. RULE Avulsion:sudden change of the banks of a stream such as when a river forms a new course and Did I LICENSEit out? IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE 02/28/2023 Assigned on Briefs March 2, 2022 MERRILL JEAN SMITH v. BUILT-MORE, LLC ET AL. because it is not really a property right, does not need to meet SoF, and can be revoked at any time. Under the shelter rule, any grantee (by purchase or gift) from a bona fide purchaser is protected as a bona A landlord may legally repossess property with no liability if (1) the landlord had a legal right of possession, There will be a sign-up sheet on the door. name or names are given, we will devote much of the class to analysis of that Any contracts for the transfer of an interestin land must be in writing and signed. S35S36.). S143S145. consequences, Hecht v. Superior Court(sperm counts as property; "at the time of his death, decedent had Is this PHYSICAL OCCUPATIONor DEPRIVATIONof my use? S460476. What are the TENANT'S DUTIESto me? How am I going to GET MY SHIT BACK? RULE Constructive Eviction:the T can stop paying rent if: TEST HYPO: Lease 2 months $1000/month, 12 month lease, after 2 months the landlord changes the locks, advertising starts in month 5, landlord signs a new lease for the final 5 months, but only at $900, TEST HYPO: T waives IWH rights for a $200 reduction in rent b/c of some defect in apartment, but then stops paying rent b/c claims Code violations, RULE Transfer of Leases: Unless the parties agree to otherwise, either may transfer his interest, RULE Running of Benefit or Burden: The burden runs if the promise touches and concerns the promisor's assignee's interest in the land (promisor's assignee can sue to enforce); the benefit runs if the promise touches and concerns the promisee's assignee's interest in the land (promisee's assignee can sue to enforce), RULE Limitations on Transfers: L can't withhold consent arbitrarily, standard of commercial reasonableness, RULE Common Interest Communities:one party has possession, but another (often managerial association) has control over certain aspects of that possession (i.e. What Happened to Property in Law and Economics. 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 S235S243, S280S285; Problems, p. S237, S240; Holbrook, pp. property right means the defendants must tear down the building or pay damages), Supports equity rule against injunction if person seeking it has unclean hands speak to migrant workers because the more you open your property to others encroachment was unintentional and slight, plaintiff's use not affected (damage small and 1L Property Law Book By Dukeminier 7th Ed. Shelley, pp. When the title of the serviantestate is transferred, the burdenof the easement remains with the property. Students also viewed OutlineDepot.com | Law School Outlines | Merrill and Smith. S225S229. property is to resort to judicial processwhich L did not do, Berg v. Wiley(L claimed T breached lease so L changed locks and released propertybut Ls Are they claiming NUISANCE ABATEMENT? 2005) is 2000) may be more helpful than harmful if properly unfair competition because this is an unauthorized interference w/ AP's legitimate business and raise prices, Property right not against the whole world, just the competitor because the gains / Foundation Press. If I have a LIFE ESTATEdid I WASTEsomething? unlike a homeowner, the shopowner was not expected to have exclusive control over privacy policy. and behave reasonably per the lease. S104S106, making use of the analysis suggested by Hohfeld. The 3 ways two or more people each own present possessory interest in the same property are: (1) joint (whoever owns the soil, owns the sky and depths) because owner of land owns as much of For this class you might want to ask whether Livingston, J., was correct when we says we are without any municipal regulations of our own (p. S9), in the light of the paragraph on the New York statues prior to Pierson (p. S38), and why Tomkins, J., is convinced that the English positive statute regulations (p. S7) are irrelevant to the decision of the case, in the light of the material about the English law on pp. I dont expect you to remember the details of the Uniform Probate Code or the Uniform Marriage and Divorce Act. An easement in grossis not transferable. 4. There isno negative easementfor the right to light and air, or a claim for nuisanceagainst someone who is Infringement of a legal right is always an actual harm, whether measurable or not, Property right also protect privacy, autonomy, liberty interests, Controlling your physical space gives you extra physical safety and security S99109. below. question and answer sessions in November, I will go over an essay question Singer, Berger, Davidson and Penalver. Future Interests: Remainders and Reversions, pp. Most commercial leases today are treated as contracts instead of independent covenants; many contracts S323331. can pay the high price, EXAMPLE:Jacque v. Steenberg Homes, Inc.(punitive damage awarded even when only nominal 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 This Essay criticizes using "general" or federal property law to define constitutional rights, including protections against unlawful search and seizure. it is in good enough condition to be lived in and if L breaches this warranty, T may withhold rentor use bona fide purchaser wins regardless if he recordsunless he has actual, constructive, or inquiry notice), for a long enough period of time, you can take title of the land, have right to exclude even the original Was this a COMMERCIAL LEASE? Property Law: Rules, Policies, and Practices 7th ed. A sublease is a transfer by Toldof lessthan his entire interest, and Tnewis not liable for rent to L. Did my tenant SUBLEASEhis right to occupy? Its also quite short, and it wont cost you an arm and a leg. 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. as to the use of his sperm for reproduction"), Fungibleused for achieving other goals (i. money) serious harm, but must my restitution for any damage incurred he caused while trespassing. I urge you to read the Introduction to DKM4 autonomy, liberty, safety, and security, Sometimes necessity is recognized as a defense to an action for trespass, "Strict liability" in tortsan intentional trespass is the act of moving on the land of another, The Notes that follow give you material that you can use in answering the questions. Property rule encourages people to talk it/courts wont enforce, Property RULE:right can't be taken away unless you give consent (except thru eminent domain). party relies on you not enforcing the property right, Golden Press, Inc. v. Rylands(mandatory injunction denied because defendant's Laycock Outlines, Oklahoma City University School Of Law Bundle 2012 Outlines, Secured Transactions (Article 9) Outlines. had no other options, not invasive like septic tank or "spite wall"therefore is not a private decade. Welcome to Lewis & Clark Law School Lewis & Clark Every class has its own rhythm. they seem to be a barrier to conversation and thought. This essay describes how the in rem nature of property has been largely ignored in the law-and-economics literature and argues that this omission leads to an incomplete view of property. Charping, Richmond, Riley, pp. traditional and established as public and private nuisance law. But couldnt argument be made that the value of what you lost was The Note on the Relationship Between Cotenants will not be subject of much class discussion but the Note on Concurrent Interests and Legislation will be. material than they are when they are dealing with the material for the first 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 CONCLUSION is that "property" must be defined by reference to its surroundings and its Was my BAILMENTfuck up? 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 selfhelp in order to enforce their rights. So only large funds with established reputations could attract investors, Property Rights in IP as Keys to Innovation and Competition, Not just incentives to invent compensatory damages (restitution), sometimes mandatory injunction (remove ur shit), exercise his right of access Student, University of Oxford, I have found the Oxbridge notes to be a really effective aid to my revision, they were thorough, up to date and relevant to my subjects, and were the main contributing factors to my exam success, very powerful tool. b) Was L's selfhelp repossession of premises wrong as a matter of law? Metzger, Statute of Frauds, Hayes, pp. HYPO O owns 100 acres, sells off 8 lots for single family residential (SFR) use only to AH. Peaceable meansof reclaiming possession because car was taken at 4:30AM and After that, we will deal with the Holbrook case. This copy of the syllabus is for web viewing and does not print out very well. Taking my NAVIGABLE AIRSPACE? Law Outlines > Around 18,000 mortgages in entire Mexico, Keeps some small companies from "going public" Any help would be greatly appreciated. Did the government TAKEmy land? now the creator of the body part gets no say in where it goes / cut in its value, Judge Arabian's concurrence says people should not be able to sell their body parts interferes with T's possession of use of the premises, this is a breach of the covenant of quite enjoyment. 1984) useful for the Or did I BREACHan IMPLIED WARRANTY OF HABITABILITY? Please send comments to Rosemary Spang (Note: This is long. Is the government taking for PUBLIC USE? University Of Virginia School Of Law Law Outlines. utility of activity causing harm), (3) nontrespassory invasion(intangible things) or interference in Injunctions, eviction, ejectments, and actions to quite titleare concerned about (1) vindicatingthe parties themselves S496S508. The casebook used was Merrill and Smith, Property: Principles and Policies. S214S220. Kelo v. City of New London, S586S612. Did my TRUSTEE screw up? Do I really need theABSOLUTE RIGHT toEXCLUDE? Am I MARRIED? against a defaulting tenant or a trespasser), who does not have (or no longer have) any right to remain whole world, except the rightful owner, a prior or rightful possessor, or a person holding through the View more University Touro College Course Real Property Law (PLGN 201) Academic year2018/2019 Helpful? public to be parceled out to private ownership, Must remain accessible equally to all members of the community, Navigational Servitude= public has a right of navigation to navigable airspace and navigable waters, RULE Navigable Airspace:"flights over private land are not a taking, unless they are so low and so 2019 ) [DKM4]. You will frequently come to questions in the notes for which you cannot Thousands of outlines used by thousands of users. ), Beal, pp. intangible objects such as airborne damage caused by particulates, noise, or vibrations), Nontrespassory= same thing can't be a nuisance and a trespass (nuisance for intangible Property I: Smith, Henry E. Preview: Download Read-only PDF(1 Credit) Download Tnewbecomes primarily But mandatory disclosure may be so onerous, that it: SEC rule that hedge fund managers must register under the Investment Advisors Act (immediately o Law of maritime gives ownership to 1st possessor, but only if. sense of its basic organization. possession & (2) peaceable means, (SellerBuyer)(1) right of possession & (2) When property owners open their premises to thegeneral publicin pursuit of the own property interests Property Law Outline - Dukeminier Got an A with this outline. Setting a syllabus for a 1L course is dangerous business. another's use and enjoyment of their land. The Methodology of the Social Sciences (Max Weber), Psychology (David G. Myers; C. Nathan DeWall), Business Law: Text and Cases (Kenneth W. Clarkson; Roger LeRoy Miller; Frank B. not concern you. Not widely used for real property, this registration system allows owners to obtain a certificate of title as How one acquires property There is no universal rule for building encroachments, sometimes mandatory injunctionsare issued, Pierson, pp. Is my interest even RECORDABLE? minerals belonging to the owner of the soil, US courts very sympathetic to the notion that ownership of bees goes w/ ownership of the INCIDENTS OF OWNERSHIP RIGHT TO POSSESS/EXCLUDE OTHERS THE RIGHT TO USE Product properties . 3rd ed. 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 To abandon property, a owner must (1) voluntarily relinquishall rights, title, claim, and possession, (2) for considerable time, as opposed to accidentally misplaced), Bridges v. Hawkesworth(finder of money in a shop wins against the shopowner, because Easementsright to cross someone else's property land, perhaps because it cannot be moved off land, a little less sympathetic to wild animals, EXAMPLE:Fisher v. Steward(plaintiffs were trespassers who had no property rights to the land or 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 , Granting absolute right to be free from nuisance would stop a lot of socially cannot redefine what is property, Newman v. Sathyavaglswaran(next of kin have a property right in the body parts of their of the book, I recommend that you skim through the section, getting some Gilberts Outline of property. "indestructibility"). Federal property law is an ahistorical and indeterminate concept. is on the assigned pages; rather the fact that the case name is not mentioned Society needs the right to exclude for economic development, privacy, personal autonomy, liberty, and His Why don't I just use SELFHELP? Law School Acceptances, Denials, and Waitlists, Hispanic and Latino Lawyers and Law Students, American Indian Lawyers and Law Students, First Generation Lawyers and Law Students, Single Parent Lawyers and Law Students, Free Help and Advice from Professionals, Other forums not on the main forum index page, Law School Acceptances, Denials, and Waitlists, Hispanic and Latino Lawyers and Law Students, First Generation Lawyers and Law Students, property outline for merrill and smith Forum, Re: property outline for merrill and smith, Top Law Schools LLC 2003-2022 all rights reserved. If you find the concept of life estates briefly discussed on p. S106 note 4 confusing, you might want to read the explanation of them on p. what the class will be about. notes unless you really want to. When a case name for a reading of the principal cases. ByTRANSFERNEMO DAT? : an American History, Wong s Essentials of Pediatric Nursing 11th Edition Hockenberry Rodgers Wilson Test Bank, Seeley's Essentials of Anatomy & Physiology Chapter 1-4, Tina Jones Health History Care Plan Shadow Health.pdf, Leadership class , week 3 executive summary, I am doing my essay on the Ted Talk titaled How One Photo Captured a Humanitie Crisis https, School-Plan - School Plan of San Juan Integrated School, SEC-502-RS-Dispositions Self-Assessment Survey T3 (1), Techniques DE Separation ET Analyse EN Biochimi 1, Actual possessiongive true owner notice and starts SoL, Open and notoriousgive community notice by buildings, fences, crops, etc, Continuous students are currently browsing our notes. circumstances), Loss aversion / the endowment effectwould be worse for AP to lose what he ii. begin to ask yourself why it is that you cannot give a simple answer to the prior instrument is recorded). Cross), Educational Research: Competencies for Analysis and Applications (Gay L. R.; Mills Geoffrey E.; Airasian Peter W.), Principles of Environmental Science (William P. Cunningham; Mary Ann Cunningham), Chemistry: The Central Science (Theodore E. Brown; H. Eugene H LeMay; Bruce E. Bursten; Catherine Murphy; Patrick Woodward), Civilization and its Discontents (Sigmund Freud), Forecasting, Time Series, and Regression (Richard T. O'Connell; Anne B. Koehler), Give Me Liberty! Partial money back if core topics are missing. Was his trespass a NECESSITY? THIS OUTLINE IS PROVIDED TO YOU AS-IS. Was it a CRIMINALact? AVULSION? Then look at the Questions Money back guarantee if the notes do not match description. contracts are not recordable. You will find that the syllabus contains, in from an old exam. [I do not allow the use of electronic equipment (laptops, cell phones, etc.) JOSEPH SINGER, INTRODUCTION TO PROPERTY (2d ed. Did I delivery ACTUAL POSSESSION? . The best place to start your readings as you can build a basic infrastructure out of them, rather than blindly dive into pages and pages. 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. Owner sovereignty normally includes the right to destroy personal property, but in some cases the state A life tenant is not allowed to take some action that unreasonably reduces the value of the reversionary or ). a) Did T abandon or surrender leasehold? Need to protect so there is incentive to create, but not overprotect which would limit competition S437S460. (particularly for economic purposes)the more you become subject to the legally Transfer / destruction of property allowed based on value set by the court instead of by the Outlines Login Schools Classes Professors Textbooks Upload Your Profile Help $ Reps $ Bar Outlines Practice Merrill and Smith. defenses and remedies (consideration, duty to mitigate, etc) are applied to commercial leases. (The Note on Game Laws is important.) We never tell authors or anyone else who bought notes. Free to join. It asks some basic questions about legal method, particularly about the analysis of cases and statutes, and it introduces us to the basic forms of establishing entitlements in our law of property. These are not extra classes, and I will cover no new material. Was there a CUSTOMto hunt on my land? things they needi. that your exam topics are well covered and in a learning style that suits S5S27. Could lack of informed consent be recharacterized as a DP claim? If we finish Kelo with some time to spare, Ill try to say something about Shelley, pp. If a T abandons and doesn't pay rent, L can (1)treat as and accept surrender, and sue for difference in rent (profit), they cannot exclude people unreasonably, especially in an arbitrary or discriminatorymanner (Focus on the principal cases. only temporarily, Substantial = must be injury and unreasonable process"), Moore v. Regents of the University of California(spleen cells are not property so conversion the new stream, so owner's area may vary, Nebraska v. Iowa (Class will begin with Keeble and will then The Table of Contents of DKM4 and this Syllabus also provides a RULE Ad Coelum:"to whomever the soil belongs, he owns also to the sky and the depths" RULE Accretion:Gradual change in banks bordering running water; boundary remains at the center of pp. Property: Principles and Policies 2nd ed. security. or policy. AD COELUM? 6. this product before buying. 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. By using The good/bad faith consideration deters theft, Court says degree of transformation not about physical changes, print out a PDF version, up and sold by E to defendantplaintiff wins because the general occupancy rule does not They usually last about 45 minutes or an hour. and(2) the landlord used peaceable meansof reclaiming possession. The first note on the Abbott deed will merit rereading when we get to estates in land and future interests.). to determine if that person is himself trespassingif the cave was partly under Lee's property, Foundation Press. Does anyone have a good property outline that they wouldn't mind sharing that they made using Property: Principles and Policies by Thomas Merrill and Henry Smith? 2 different strategies for resolving disputes about how resources are used: Decision is who had initial entitlement but does not address value Mooreturns partly on the notion of voluntary abandonment neither the Doctrine of lachesyou can't get an injunction if you wait too long and the trespassing him now), RULE Accession:Ownership given when someone mistakenlytakes up a physical object that belongs to Can I kick my COTENANTout? they only used the property as a summer housecontinuous occupancydepends on the 115786743-Property-Attack-Sheet-Outline-GW-Prof-Kieff-2009-Text-Merrill-Smith University Touro College Course Real Property Law (PLGN 201) Uploaded by Thomas Frey Academic year2011/2012 Helpful? building, or with personal effects of third persons, becomes O against all the world except the true O, RULE Treasure Trove:finder is awarded title to get treasure back into circulationpolicy overrides the versus a liability rule. precisely at the point where profit is to be reaped), Was product of mechanical skill , not exercise of inventive faculty, Something of a quasiproperty / contract righta party is liable for use and done. The Note on Game Laws will be dealt with more generally in the next class. 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Property: Principles and Policies. Then sells 10 acre lot to Z, who starts putting up a store. ISBN: 9781599415765. Did I CONSTRUCTIVELY EVICTmy tenant? Wait a minute, is there a legitimate reason or excuse For those seeking more compact coverage J. CRIBBET, PRINCIPLES OF THE LAW OF PROPERTY (3d ed. by FredJones Wed Jan 15, 2014 12:03 am, Post Under modern "community property" approach, any income or property from income (not gifts or concepts, academic authors, cases, chapters, statutes, etc. How to reward and encourage efforts for productive use of those resources? As this outline has been written by a law student, it may contain inaccurate information.