elements
trespass
unprivileged intentional entry on property possessed by another
nuisance defense
Defendant got there first
That the plaintiff is too sensitive
prescriptive easements
open and notorious
continuous for statutory period
hostile or adverse
acquiescence
personality theory
Hegelian Theory
Property is self-constructive
Property identifies people (external goods are so important that they become a part of us) – people are identified by the things we own
right to roam
entitles everyone to hike across or camp in the countryside or on the property of another as long as they do not damage the land, interfere with the owner’s use, or intrude on the privacy of owners
trademark
a name symbol, or type of packaging that identifies the producer of a good or service
terminating easements
(1) Agreement in writing;
(2) By their own terms;
(3) By merger when the holder of the servient estate becomes the owner of the dominant estate;
(4) By abandonment, if it can shoe that the owner of the easement, by her conduct, indicated an intent to abandon the easement; or
(5) By adverse possession or prescription by the owner of the servient estate or by a third party
(6) SOMETIMES, courts terminate easements because of frustration of purpose, finding that the purpose of the easement has become impossible to accomplish, or the easement no longer serves its intended purpose
easements by necessity
May arise when an estate is severed and upon severance one part of the estate becomes landlocked, requiring a right of way over the other part of the severed estate to access a public road
first possession and labor theory
Lockean Theory: People own themselves and therefore they own their own labor
Have a right to what you produce from labor
public forum doctrine
If the government makes a public forum available for speaking it cannot discriminate based on viewpoint – the city is “the people”, and therefore, public streets and parks are there to exercise the right of free speech
adverse possession
one possesses another’s land in a manner that is exclusive, visible (open and notorious), continuous, and without the owner’s permission (adverse or hostile) for a period defined by state statute, this action transfers title from the true/record owner ti the adverse possessor
remedy for adverse possession
Temporary occupancy/possessors= trespass
Permanent occupancy= ejectment
easements by estoppel
May be found when (1) a landowner grants the claimant permission to use the property, and (2) the claimant so changes position in reasonable reliance on the continuation of the permission, (3) that it would create substantial injustice to revoke it
positivism
Sovereign Says – no law, no property
Bentham
Property is whatever the sovereign says it is
Sovereign can give or take property at will
functionality doctrine
if it serves an actual purpose then it cannot be trademarked because it stifles competition
copyright act
grants owners of “original works of authorship” that are fixed in a “tangible medium of expression,” exclusive rights to copy, distribute, perform, or display those works publicly and to make derivative works from them
bringing a claim for adverse possession
Adverse Possessors can sue to quiet title to gain possession to the title
If you win, then title is transferred permanently
Title owner can defeat a claim through easements by estoppel or expressing permission for the possession
Claims can also be brought by the record title holder (trespass or ejectment claims)
Adverse possession is brought as a defense
easements implied by prior use
May be found when (1) the servient and dominant estates were once under common ownership, (2) the land is divided or severed, and (3) prior to severance, one part of the estate used the other part of the estate, (4) the use was obvious or apparent and not merely temporary (continuous a permanent), and (5) is reasonably necessary for enjoyment of the estate, and (6) a contrary intention is neither express nor implied
social relations theory
Singer
Focuses on role property plays in formation of social relations and vice versa
Property has multiple owners and can be subdivided
factors in considering a nuisance
The extent of the harm
The character of the harm
The economic and social value of the conflicting activities
The sustainability of the activities for the location
The ability of either party to avoid the conflict and the practicability abd fairness of making the party do so
nuisance
is a substantial and unreasonable interference with the use or enjoyment of land
what to do if 2 people create same trademark
use the first possession theory
express easements to run with the land
An express easement will run with the burdened or benefitted estate if:
It is in writing (statute of frauds)
For the burdened estate to run, there has to be notice to the servient estate holder of the easement
It was intended to run with the land
utilitarian theory
Strive for clear property rights
When I own it, it belongs to nobody else
Social utility (welfare) is the goal of this theory in attempt to promote economic efficiency
lifetime of a copyright
Copyright protection lasts for the life of the author + 70 years – then the work becomes part of public domain