1. What is Property?
o Property as a “bundle of rights”
§ Content of bundle varies according to the context and policy choices.
§ UB definition:
· Rights among people that concern things
· A package of legally recognized rights held by one person in relationship to others with respect to something or other object.
o “Bundle” Consists of
§ Right to Exclude (Trespass)
· An essential stick
· Not necessary to property- can have easements
§ Right to Transfer
· Law imposes restrictions on this
· Also not necessary- certain pensions and trust interests are property but cannot be transferred
§ Right to Possess and Use
· Subject to statutes & ordinances
o Two Conceptions of Property
§ Trespass to Land
· Intentional Trespass: At common law any intentional and unprivileged entry onto land owned or occupied by another constituted a trespass
· Intentional Entry On To the
· Land Of Another
· Without Consent or
· Without Privilege
· Jacque v. Steenberg Homes, Inc
· Intentional Trespass
· RULE: A deliberate intentional trespass violates a land owner’s basic property right to exclude and can lead to punitive damages.
· Trespasser is liable even if entry causes no actual damage
· When nominal damages are awarded for an intentional trespass to land, punitive damages, may be awarded at the discretion of the jury
· Jacques were old and victims of adverse possession
· The harm is the violation of the basic right (why punitive damages are allowed)
· Law’s policy against self help remedies is part of reason punitive damages awarded.
· Always determine if the other party is like the Jacques and money won’t fix the problem
c. Hinman v. Pacific Air Transport
· Airplane over land case
· Ad Coelum- Whoever owns the soil owns also to the sky and to the depths (old rule)
· EXCEPTION: in applying a rule of law, we cannot shut our eyes to common knowledge, the progress of civilization, or the experience of mankind
· RULE: Air like the sea, is by its nature incapable of private ownership
· RULE: Owner of land owns as much of the space above him as he uses, but only so long he uses it. All that lies beyond belon
property does not include the right to bar access to governmental services available to migrant workers.”
· Trespass and Freedom of Speech
· Rights Under Federal Constitution
§ 1st Amendment protects the right of freedom of speech from state, not private action.
· A person has right to distribute literature on public but not private property
· Including shopping malls. (property does not lose its private character merely because the public is invited to use it)
· Rights Under State Constitutions
§ Broader than 1st Amendment Right
· Some states (CA & NJ) have found shopping mall is equivalent to yesterday’s “downtown business district”
· U.S. Supreme Ct. ruled in C.A. that no taking of federal rights occurred b/c no evidence suggesting the activity would unreasonably impair the value of the land as a shopping center
· Trespass and Beach Access
