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Property I
University of Connecticut School of Law
Cogan, John Aloysius

 
Cogan
University of Conneticut
No Book assigned cases off lexis
 
Presently possessory (present estates)
Possessory in the future (Future interests)
 
Theories of property
·         Protective first possession
·         Encourage labor
o   Work land to get right of possession
·         Maximize Societal Happiness  (utilitarian)
o   Twisted by eonomists to maximize one particular facet of societal happiness that being wealth – best use of property Is what makes it worth the most
·         Ensure Democracy
o   Have land have a state in gov and what happens
·         Personal Development
o   Personal attachment to the property
Pierson v Post
·         Ration soli
o   The owner of the land has constructive possession of the wild animals and other things on the property
§  To prevent the act of trespassing from benefiting the trespasser
·         Majority
o   To take possession of a wild animals one must capture or wound it or subject it to his control  
§  ie deprive it of its liberty
§  Rule of capture
ú  First to take possession
·         Minority
o   Reasonable prospect of catching is enough
White v Samsung Electronics America
·         there a right to publicity
·         Rationale: Persona as private property, provides incentive for investment and innovation. Protects people from losing the befifit of their work in creating a recognizable persona
·         Rule
o   Do you have to be famous?
§  No
o   Have to be advertising or selling
o   Defendants use of plaintffs identity
§  Lacke of conssent
Injury
o   PARODY IS AN EXCEPTION
o   All the parts matter
o   RIGHT TO PUBLICITY
o   Has to be close enough
 
Property rights
·         A holds property rights in his land only if and to the extent that they are recognized by government
o   Legal positivism
§  Laws are socially consturcted
·         Rights are not absolute  
The bundle of sticks
Right to transfer
·         Alienability
o   Generally anyone can alienate their property to anyone, how transfer is often restricted to avoid fraud
Right to exclude
·         Efficiency argument
o   Encourage efficient use of land
§  Ability of farmer to exclude so she can grow/harvest crops – everyone wins
·         Other Reasons
o   Prevent breach of peace
o   prevent loss of title
·          
Right to use
Right to destroy
 
Right to transfer
Johnson v M’Intosh
·         Transfer rights come from the government
·         Transferred title from Native Americans isn’t recognized
o   It's possible to have some property rights and not others (U.S. to native americans “you can occupy, but not sell land”)
Moore v Regents of the University of California
·         Plaintiff retained no continued/sufficient property interest in the cells after they left his body. An act for conversion is not necessary to protect patient's rights.

vate property; the owner of the property wanted to be present for the meeting and defendants refused to comply; owner then called police. State brought action against defendants for trespass
·         Result: Court found no trespass because the owner did not have the right to bar government services to the workers; by housing the workers, the owner ceded some property rights to exclude (privacy) “title to real property cannot include dominion over the destiny of persons the owner permits to come upon the premises.
·         Can have reasonable visitation
o   Visitors of his own choice as not as there is no hurtful behavior to others (doesn’t hurt landowner)
o   Reasonable
§  Coming on to put owner of property a competitive disadvantage is not covered under the exception of who can come on the property
o   Land owner (who gave someothers the right to live on his land )can require visitor to state name, and general purpose
Right to use
·         Hunting is normally allowed
o   Need to post signs saying no trespass if you dont want them to
·         Hiking
o   Not allowed
§  No societal benefit to you hiking besides not getting fat maybe  (utility theory)