Property

Front 1

Conversion

Back 1

-unauthorized using one's property as your own and excluding owner from use of such property

Front 2

Nuisance--Elements--2

Back 2

act or condition on defendant's land tat 1. substantially and 2. unreasonably interferes with Plaintiff's use and enjoyment of land.
-intangible i.e. smels, light, sounds, vibrations, dust pollution v. tangible--trespass

Front 3

Nuisance--Substantial Interference

Back 3

what is substantial to a person with reasonable sentitivities

Front 4

Nuisance--Unreasonable Interference

Back 4

One must balance the gravity of harm to the plaintiff;s use and enjoyment v. the social utility of the defendant's conduct.

Front 5

Nuisance--Balancing--Gravity of Harm

Back 5

1. character of harm
2. social value attached to th plaintiff's use and enjoyment.
3. whether the p came to the nuisance

Front 6

Nuisance--Balancing--Social Utility of the Defendant's Conduct

Back 6

1. social value attached to defendant;s conduct.

Front 7

Nuisance--Remedies

Back 7

-injunctive relief
-damages--equity
-both

Front 8

Nuisance--Rule of Necessity

Back 8

-sometimes injunction can be avoided only if it helps the public at large

Front 9

Equitable Maxims--10

Back 9

1. Will not suffer a wrong to be without a remedy
2. Acts in personam
3. Follows the Law
4. Equality (Is)
5. Done as what ought to be done (regards)
6. Substance rather than form (regards)
7. Disfavors forfeitures or penalties
8. Seeks Equity must do Equity
9. Comes to Equity must do so with clean hands
10. Aids the vigilant and the diigent.

Front 10

Trespass

Back 10

-Taking the action to enter one’s land without privilege or valid defense whether intentionally or unintentionally.
-No damage necessary—Jacque v. Steenburg Homes
-defense—doctrine of necessity Ploof v. Putnam

Front 11

Surface Water--Riparian States

Back 11

Eastern States, subject to reasonable use.
1. Balancing of Equities
2. Domestic uses have priority over artificial ones.
Evans v. merriweather--can;t deprive neighbor of using water for his mill.

Front 12

Surface Water--Western States

Back 12

Prior Appropriation

Front 13

Ground Water-Underground stream

Back 13

same as surface waters

Front 14

Ground water--percolating

Back 14

Reasonable use doctrine--water can only be used on overlying land where using elsewhere would cause hardship to other landowners with access to the common pool of water.
Correlative Rights Doctrine--
some states mandate that all land owners with access share the water equally based on land acreage.Higday v. Nikolaus.

Front 15

Diffuse water

Back 15

Landowner has an absolute right to protect against casual water
even if it means diverting it to harm a neighbor's land
Recent trend away from this to a reasonableness-based approach.
1. can't create a nuisance
2. can't collect and discharge in a concentrated form without a contractual or precriptive right to do so.

Front 16

Reasonable Uses--diffuse water

Back 16

domestic consumption, agriculture, manufacturing, irrigation, and mining

Front 17

Unfair Competition/Unfair Trade Practices

Back 17

Keeble v. Hickeringill
-when one interferes with your land/trade with malicious intent, actionable in Equity

Front 18

First Possession

Back 18

first person to take possession of a thing owns it aka capture rule Pierson v. Post
-Based on utilitarian theory of property designed to encourage the owner to make maximum use of his invesment in property

Front 19

Discovery

Back 19

establishes a right to possession to those who made the discovery
conquest gives a title which the courts of the conquerer cannot deny--Johnson v. M'Intosh
Native Americans merely had a right to occupancy territory was owned by the british which was conveyed to the us by conquest, only gov't can sell titles to native american lands.

Front 20

Creation--policy--

Back 20

Rewards labor

Front 21

Doctrine of Accession

Back 21

a person adds to the property of another either by either labor or labor and new materials

Front 22

Creation--Intellectual Property

Back 22

property in ideas: copyrights, patents, trademarks, even property in a persona

Front 23

Creation--Intellectual Property Quasi-Property

Back 23

INS v. AP--unfair appropriation--construction of the courts b/c INS has "reaped where it has not sewn"

Front 24

Creation--Rights in Body Parts

Back 24

Moore v. Regents of CAl
man does not have property rights in his spleen once removed from body. body-parts as market-inalienable

Front 25

Right to Exclude--Exceptions

Back 25

migrant workers have a right to have union workers visit them even though they are on property of farm owner
State v. Shack
Property rights serve human values and in this way are limited by them.

Front 26

Public Trust Doctrine

Back 26

Illinois Central RR v. Illinois
1. riparian owner may not exercise his rights so as to infringe on public rights in public waters.
2. Public water held in trust by the state for the public and the state canot permit uses that violate the public rights.

Front 27

Restitution--Mistaken Improver--remedies

Back 27

Remedy against Unjust Enrichment
1. destroy improvement--Pile v. pedrick--Law
2. Let the oner keep improvement ad compensate improver--Equity
3. sell the improved lot to improver--Law
4. Sell the property and apportion proceeds between both owner and improver

Front 28

Anti-Discrimation--14th Ammendment

Back 28

equal protection. Shelley v. Kramer
Judicial enforcement of restriction of covenant estricing use of property by black persons forbidden by Consitution

Front 29

Coase Theorem

Back 29

If there are no transaction costs, the initial (governmental ) alocation of property rights doesnlt matter because the parties will negotiate for the most efficient outcome.

Front 30

Coase Theorem--Problems

Back 30

1. Distribution of Wealth--initaly allocation of rights does matter bc they result in different wealth distributions but would be maximized either way, so equally desirable
2. Holdouts--a single holdout can prevent the negotiations from achieving the desired effect i.e. Jacques
3. Transaction Costs--high negotiation costs means the inital allocation is moot.

Front 31

Doctrine of Fixtures

Back 31

1. Annexation--attachment
2. Adaptation--essential to functioning of the property
3. Intention to annex

Front 32

Waste

Back 32

tenant impairs the property's condition or value to the future interest holder's detriment.

Front 33

Recovery of Property by a landlord

Back 33

1. Abandonment
2. Surrender
3. Peaceful Repossession(in some states--up to trier of fact and circumstances.

Front 34

Copyrights

Back 34

right to exclude others from using copyrighted works
1. reproduction
2. creating derivative work
3. performing the work
4. displaying the work

Front 35

Copyrights-defenses

Back 35

fair use defense--limited reasonable use of material without owner's consent.
1. purpose, character, effect of use
2. nature fo the work
3. susbstantiality of work used
4. Intent
5. 1st amendment considerations

Front 36

Principle of Accession

Back 36

ownership of some unclaimed or contested resource is assigned to the owner of some other resource which has a prominent relationship to the unclaimed or contested resource.

Front 37

Accession--elements

Back 37

1. Increase
2. Doctrine of Accession
3. Ratione Soli
4. Ad Coleum
5. Fixtures
6. Land and water changes