美国法学院 Property outline.docVIP

Property Outline Right to Use (Must consider Zoning) Build house Build 2 unit Apt. building Build factory Conduct pig farm Pollution producing activities Right to Exclude All Others (You do not have this right all of the time, must look at laws) New state highway Keep out airplanes traveling to O’Hare Police chasing escaped convict Tenant who was given 10-year lease by grandparents Right to Transfer to Others You want to sell it only to African Americans You want to let someone “use” it for a year You want to transfer it to 3 persons You want to sell it, but only want it used as a farm You want to make gift of the land to your child only if she (1) earns JD degree (2) Never marries and (3) Never marries current beau. Right to “Things” on the Land Wild animals roaming the land Genetic code of rare trees on land Diamond ring “found” on grass Diamond ring found by gardener 6 inches under soil Diamond ring left by door to door salesmen You do not want to pay real estate taxes Property Claims A. Trover – Damages measured by the value of the property B. Replevin – Get the property back Chapter 1 – Personal Property Section I. Wild Animals Categories of Wild Animals A. Ferae Naturae- Wild Animals a. Public Policy 1. Want certainty of Ownership 2. Encourage the killing of beasts B. Domitae Naturae – Domesticated Animals a. All are owned by someone, even if wandering b. Public Policy 1. Want to know who owns the animal C. Animum Revertendi – Animals that return a. Deer that return, swans that come back, carrier pigeon. b. Defeasable property, destroyed if they return to wildness Pursuit does not give you possession. Pierson v. Post, Dapson v. Daly Hunter chasing a beast isn’t considered to have possession, possession occurs when you have physical possession of it. Property can be acquired in wild animals by occupancy only, and in order to constitute occupancy the animal must be deprived of his natural liberty, by wounding or other methods, so tha