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Property I
Villanova University School of Law
Aagaard, Todd S.

Final Property Outline
Todd Aagaard
Spring 2017
 
 
 
Property Outline Chapter 1
 
Chapter 1 Themes
Right to exclude
Exclusion and governance
Coase
Private ordering
Ex ante vs. ex post
Law vs. equity
Equity focus on fairness
 
Trespass
Causes of action
Trespass
A physical intrusion that deprives another of possession of land
think of this as a sense of control
quiet title action
Lawsuit in which a person seeks a declaratory judgement stating that he or she owns a piece of property
Remedies
Compensatory damages – damages awarded to compensate for a proven injury or loss
Nominal damages – damages awarded for the infraction of a legal right, where the extent of the loss is not proved
Punitive damages – damages awarded in addition to actual damages, intended to punish the defendant and to deter future wrongdoing
punitive damages are awarded only for outrageous conduct involving a bad motive or reckless indifference to the interests of others.  Rest. Torts § 908 cmt. B. 
McWilliams holding –
A jury may award punitive damages – assault and battery case
Barnard v. Cohen holding
When a jury awards only nominal damages for a tort, it may not award punitive damages – libel case
Jacques holding
A defendant who intentionally trespasses on land may be liable for punitive damages even in the absence of any demonstrated injury or loss to the plaintiff
A jury has the discretion to award punitive damages for intentional trespass even if he compensatory damages were no warranted and only nominal damages were awarded
It was a denial of the legal right to exclude
Application of Jacques
Trespass and no compensatory damages
Punitive damages are available
Punitive Damages General Principles
Proof of a tort, even an intentional tort, does not nece

tiff’s use and enjoyment of his property,
then the defendant has trespassed.
The plaintiff fails to state a claim for trespass – did not state the damages
Also there is lots of air travel
Subsurface fixed resources [ad coelum, Monongahela] Well gets dug and pulls from other farm – did not actually go on their property
A landowner owns oil extracted from a well on his land, even if the oil originated under land she does not own.
Gas was fugitive – we can’t control it
 
The oil and gas confined in the oil and gas-bearing sands of a farm belong to the one who holds title to the farm.
Any intentional intrusion that deprives another of possession of land, even if it is only temporarily, is considered a trespass.