Color Coding Guide Property Law Types of Property Bundle of Rights Lockean Theory of Property Rights Right to Exclude Hierarchy of claims to property trespass to land adverse possession easement Right to Use and Enjoy General Zoning Nuisance and four possible scenarios Eminent Domain Torts Intentional Torts prima facie case torts against property conversion trespass to chattels Torts against people Battery assault false imprisonment Defenses to intentional torts Consent self defense defense of others defense of property necessity transferred intent Negligence Prima Facie Case Duty Breach Causation Damages Palsgraf v Long Island defenses to negligence Strict Liability Prima facie case animals abnormally dangerous activities defense to strict liability considerations that apply to all torts joint tortfeasors and damages Criminal Law Differences between civil and criminal Result crimes v conduct crimes Three parts to criminal offenses Willful blindness Mistake of fact Homicide Self Defense Defense of others Punishment General Theories Court cases Insanity Defenses Property Law I Types of Property Real Property land and things attached to the land Tangible personal property chattel Intangible property ideas II Bundle of Rights Right to Exclude You have the right to tell someone no The right to keep people out of your property Right to Indefinitely Possess Do what you want with the land object idea Right to Destroy You can destroy it Right to sell transfer give it away Includes leasing selling III Lockean Theory or Property Rights Justification for property Autonomy privacy free market efficiency IV Right to exclude Trespass to Land You can sue for trespass damages depending ion the harm Trespass has to be intentional also unprivileged Encroachments A structure that goes over property line Rights to reasonable air space and rights to the soil Remedy actual and or nominal damages ejectment V Adverse Possession Elements The person has to actually possess the land Physical Open and notorious put the true own on notice that you are there Exclusive Can t share it with the true owner you have to act like its yours Continuous Have to be continually using the land doesn t have to be 24 7 but can t be sporadic occasional Adverse Hostile Without the true owners consent For a Statutory Period 15 20 years not easy to do this varies from state to state estimate amount of years Result possessor gains title to property VI Easements Defined by the pattern of use Right to use another s property Control over land of another but not control likes adverse possession Affirmative easement right to do something on another s land Ex Use a road or swim in a pond This may be expressed or implied Negative Easement Right to control owner s use of land Traditional Easements Lateral support light air water and rights Modern Easements Scenic view environmental preservation historical preservation Can be acquired adversely or by agreement Right to Use and Enjoy You generally get to do what you want to do but with some limitations Zoning Regulation of use of land Land use Regulation For the health safety and morals of the people Area Zoning and Use Zoning Police Power Test Regulate legislate for the safety of the citizens Variance Not contrary to the public s interest the zoning ordinance would impose and endure hardships VII Nuisance Owners of land are entitled to quiet enjoyment of their property but sometimes neighbors interfere with the quiet enjoyment If interference is unreasonable you can bring a lawsuit to get them to stop EX Sounds smells blight pollution Public v Private Nuisance Private is unreasonable interference rights of private landowners EX factory next to your home Public is unreasonable interference with rights of public health safety and welfare EX Crack house downtown or a prostitute house 4 Possible Scenarios Defendant s privileged freedom to act despite harm Defendant can keep up activity have to persuade them to stop Plaintiff s security absolute right to be free from the harm entitled to actual damages and injunction ordering defendant to refrain in future Prior use appropriation Right to perform harmful activity because established first use Defense that plaintiff came to the nuisance not conclusive Balance interest usual case Weigh these two factors determine remedy extent of harm to plaintiff and social utility of plaintiff s activity Social benefits of defendant s activity what would society lose if had to stop VIII Eminent Domain Fifth Amendment Government cannot take land for public use without just compensation Just compensation fair market value Public use Usually some publicly available benefit like a park road etc Generally taken from private ownership go to public ownership Kelo v City of New London Majority Public use can be public purpose including economic development Even if go from private ownership to public ownership Have to give deference to legislative branch so long as plan is not arbitrary they can determine what is necessary to achieve plan Dissent Concern that this stretches concept too far Burden will be disproportionately borne by poor minorities Response to Kelo States have amended their constitutions to disallow this interpretation But this is still a federal rule Torts I Intentional Torts Prima Facie Case Intentional negligence and strict liability either these 3 Act The action Intent You need some kind of action the act has to be intentional has to cause the harm Causation Must cause an injury Plaintiffs must establish that a particular tort was the proximate cause of an injury before liability will be imposed Incapacity not a defense II Torts against property Trespass to land intentional unprivileged entry onto land Nuisance he unreasonable unwarranted and or unlawful use of property which causes inconvenience or damage to others either to individuals and or to the general public Trespass to Chattels Interference with defendant s right of possession in chattel Some minimal damage required Remedy damages Conversion Substantial interference with defendants chattel More than 50 damage is done Remedy Replevin get your chattel back or fair market value at time of conversion III Torts against people Battery Direct or indirect harmful or offensive touching of plaintiffs person including things closely connected to them No proof of actual harm required can seek nominal damages Assault Act that creates a reasonable apprehension of an imminent battery in defendant