November 15, 2006
Property Law Fall 2006
OUTLINE
1. Acquisition of Property
1.1 Acquisition by Discovery. 3-17
1.2 Acquisition by Capture.
1.2.1 Wild animals: 17-35
1.2.2 Thieves: CaseFile 10.0 (You Betchem, Red Ryder)
1.3 Acquisition by Creation.
1.3.1 “Para Copyright”: INS v. AP, 51-59; Brandeis dissent and Holmes concurrence in INS v. AP (available on website); Copyright 59-65
1.3.2 Copyright: CaseFile 13.0 (Professor Tipsey)
1.4 Acquisition by Being.
1.4.1 Ownership of the Body: 69-86
1.4.2 Organ Sales: CaseFile 11.0 (Kidney Failures in Green Iguanas)
1.5 Efficiency in Property Regimes. 35-50; Supplement on Externalities 351-365 (available on website)
2. Shared Property At Different Times: Possessory Estates and Future Interests
1.6 Introduction and the Fee Simple. 175-186
1.7 The Life Estate. 189-205
1.8 Defeasible Estates. 206-224
1.9 Future Interests. 225-233; 237-239; Supplement on website
1.10 Rule Against Perpetuities. 244-251; 262-271; Supplement on website
2. Shared Property At Same Time
2.1 Concurrent Interests.
2.1.1 Joint and Common Tenancies. 275-290
2.1.2 Relations Among Owners: 291-303; 308-310
2.2 Marital Interests.
2.2.1 Tenancies by the Entirety and Marital Property. 310-320; 321-335
2.2.2 Rights of Domestic Partners. 344-359
2.3 Common Interest Communities. 798-819
2.4 Leased Property.
2.4.1 The Leasehold. 363-376
2.4.2 Landlord’s Rights and Remedies. 403-418
2.4.3 Tenant’s Rights and Remedies. 421-439
2.4.4 Housing Discrimination. 376-384
2.4.5 Affordable Housing. 444-449
3. Private Law Affecting Property Ownership and Usage
3.1 Trespass. 90-93 and Ebay vs. Bidder’s Edge, 100 F. Supp. 2d 1058 (N.D. Cal 2000) (available on website)
3.2 Adverse Possession.
3.2.1 Elements. 112-129
3.2.2 Boundary disputes and mechanics. 130-142
3.3 Nuisance
3.3.1 Elements and Traditional Remedies. 639-649
3.3.2 Innovation in Nuisance Remedies. 649-665
3.3.3 Edges of Nuisance. Fountainbleau Hotel Corp. v. Forty-Five Twenty-Five, Inc., 114 So. 2d 357 (1959) and Prah v. Maretti, 321 N.W. 2d 182 (1982) (available on website)
3.4 Easements
3.4.1 Introduction and Creation. 667-677
3.4.2 Implied. 677-681; 688-696
3.4.3 Prescriptive and Public. 696-709
3.4.4 Scope and Termination. 725-736 – 11/16
3.5 Covenants
3.5.1 Overview. 740-750-11/16
3.5.2 Creation and Validity. 750-768- 11/20
3.5.3 Termination. 786-793- 11/20
3.5.4 CaseFile 50 (The Komondor) – 11/22
4. Public Law Affecting Property Ownership and Usage
4.1 Zoning
4.1.1 Zoning Basics. 821-841 (Handout available on website) – 11/27
4.1.2 [Zoning Expansions. 871-880; 891-898]
4.1.3 Exclusionary Zoning. 918-939 – 11/29
4.2 Takings
4.2.1 Introduction and the Public Use. 941-956- 11/30
4.2.2 Categorical Rules: per se takings and per se not takings. 959-980 – 12//2
4.2.3 Balancing. 980-1003 – 12/6
4.2.4 Back to Categorical Rules. 1006-1030-12/7
I. Six Types of Property Law
1. Personal Property
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IX. Misapropriation
1. INS v. AP – When a plaintiff through substantial investment creates an intangible thing of value not protected by IP law
1. And defendant apropriates to plaintiffs detriment = Misapropriation
X. Finders Law / Prior Possesors
1. Finder of lost property has greater rights to the property than anyone but the owner
2. First finder has greater rights than all subsequent finders
3. Conversion
1. Common law action for the tort of using another’s property as one’s own
2. Trover – Monetary damages for property
3. Replevin – Returning the property
4. Subrogation = If trover case, and finder loses, the true owner’s property right is transferred to him
XI. Bailments
1. Bailment = Transfer of property
1. Whose purpose in holding possesion is often for safekeeping or for some other purpose more limited than delaing with the object or chattel as would its owner
2. Where the return of the object or chattel in the same or substantially the same, undamaged condition is contemplated
3. Bailee is expected to return the property once the purpose is done
2. Requirements
1. Delivery
1. Actual, Constructive, or Symbolic
2. Acceptance
3. CONSTRUCTIVE BAILMENT
1. Arises when possesion of personal property is aquired and retained under circumstances in which the recipient should keep it safely and return it to its owner (leaving a purse in a restaurant)
4. Specialized Bailments
1. Pledges
1. Bailment to secure the debt or obligation of the other (Security Deposit)
2. Park and Lock
Debate about whether its a bailment or a lease
