Property Theories & The Bundle of Sticks
Under this foundational theory, mixing your physical labor with unowned resources gives you a rightful property claim
What is Lockean Labor Theory
Bob builds a fence on Alice's land, honestly believing it is his boundary line. In a jurisdiction applying this state-of-mind approach, Bob's honest mistake satisfies the adverse and hostile element
What is the Good Faith Approach
This primary rule dictates that personal property rights are acquired through actual physical possession
What is the Rule of Capture
Low-flying military aircraft fly directly over a farm, scaring animals and making farming impossible. Under United States v. Causby, an invasion of airspace is actionable if it causes this effect
What is direct and immediate interference with the use and enjoyment of the property
A homeowner installs a solar array, but a neighbor plants tall trees that block the sunlight. Under private nuisance doctrine ("Sunshine Standoff"), a non-trespassory interference with solar access is actionable based on this legal test
What is the balance of harm against utility
A landowner’s will directs her executor to demolish a valuable, historic mansion purely out of spite, without any stated purpose. This rule prevents the executor from carrying out the destruction due to community harm
What is The Wrecking Clause (or the limitation on the right to destroy)
Sarah knows a strip of land belongs to Dave, but she moves her shed onto it intending to claim it as her own[4]. In this state-of-mind jurisdiction, an honest mistake fails, but Sarah's intentional theft satisfies the hostility requirement
What is the Bad Faith Approach
A chimney sweep's boy finds a jewel-encrusted ring and takes it to a jeweler to be valued, but the jeweler refuses to return it. Under Armory v. Delamirie, the boy holds superior title against everyone except this party
Who is the rightful owner (or prior possessor)
A chemical plant injects wastewater thousands of feet below ground. Under Chance v. BP Chemicals, a subsurface invasion is an actionable trespass only if it causes this harm
What is actual interference with reasonable and foreseeable use
A hospital removes a patient's organ during surgery and uses the cells to create a patented, highly profitable cell line without permission. Under the "Golden Spleen" doctrine (Moore v. Regents), the patient cannot maintain a claim for conversion because they hold no property rights in removed tissues
What is the Right to Transfer (or right of ownership over excised tissues)
A delivery company cuts across a farmer's dirt road without permission, causing zero physical damage[3]. Under this case holding, the farmer's right to exclude is strictly enforceable regardless of actual harm
What is Jacque v. Steenberg Homes, Inc.
Mark occupies a lot regardless of what he subjectively believes about title. In this jurisdiction, subjective intent does not control; physical acts of possession as an owner supply the claim
What is the Objective Approach
A fan stops a milestone baseball in his glove, but before he gains full physical control, an unlawful crowd tackles him and the ball pops loose. Under Popov v. Hayashi, the first fan established this legal right
What is a Pre-Possessory Interest
Possessor A occupies a lot for 6 years and voluntarily deeds her claim to Possessor B, who occupies it for 5 more years. Possessor B can combine both periods to satisfy a 10-year statute of limitations due to this requirement
What is Privity (allowing Tacking)
Under this specific property theory, owning private property is considered essential because it provides citizens with the political independence needed for democratic self-governance
What is Civil Republican Theory
This theory holds that property rights exist primarily as a social instrument to maximize overall societal happiness
What is Utilitarian Theory
A family posts "No Trespassing" signs, cuts firewood, and clears brush on undeveloped, wooded property. Under Gurwit v. Kannatzer, this satisfies adverse possession because constant physical presence is not required for land of this nature
What are the Actual, Open & Notorious, and Hostile elements for undeveloped land
Under general finders rules, lost or abandoned property belongs to the finder, except when the item is discovered in this specific location
What is an owner-occupied residence
he record owner of land sells the property to a buyer halfway through an adverse possessor's 10-year occupancy. The statutory clock for adverse possession responds in this manne
What is it does not restart (the buyer takes subject to the remaining limitations period)
Two prospectors claim the same unowned plot of land. Under the foundational doctrine of First Possession, title belongs to the first person to take physical control based on this rule
What is "First in time, first in right"
Government health workers enter private farm property to assist migrant laborers. The court held that property rights serve human values and are limited by them
What is State v. Shack
In this adverse possession decision, the court held that possession must be under a claim of right, title, or ownership, rather than in subservice to the true owner's superior title
What is Fulkerson v. VanBuren
his case stands for the classic rule that the finder of a lost article is entitled to keep it against all persons except the real owner
What is Hannah v. Peele
A family uses a beach house continuously during the summer months every year and passes possession via connected contract transfers. This case held that seasonal continuity and connected transfers satisfy adverse possession requirements
What is Howard v. Kunto
This dominant legal view holds that property rights exist strictly to the extent that they are recognized and enforced by the government, rendering natural law theory largely secondary
What is Legal Positivism