What are the facts of Ghen v. Rich?
Ghen killed whale. Ellis found it 17 miles away from where it was killed and claimed it, sold it to Rich. Went against Cape Cod custom that the killer gets the animal and finder (ellis) gets small fee. Ghen sued Rich for value of the whale.
What is the main issue in Pierson v. Post?
Does the mere pursuit of a fera natura vest property rights in the pursuer?
What were the facts of Pierson v. Post?
Post pursued a fox with hounds; Pierson killed the fox while watching and carried it off.
What is the rule established in Pierson v. Post?
Property rights are not gained by mere pursuit; control over the animal is required.
What was the majority reasoning in Pierson v. Post?
Case law does not define pursuit as creating property rights; control is necessary for possession.
What was Justice Livingston's dissent in Pierson v. Post?
Property can be acquired without bodily touch if the pursuer is within reach of the animal.
What policy reasoning did Justice Livingston provide in his dissent in Pierson?
It's unfair for someone to take away a hunter's catch at the last minute; local customs should guide rulings.
What potential policy issue did the majority opinion in Pierson raise regarding property rights and pursuit?
Vesting rights by mere pursuit could lead to excessive litigation and administrability difficulties.
What is the central issue in Ghen v. Rich?
Does the traditional custom of Cape Cod whaling, where the person who kills the whale owns it, create an enforceable property right in the killer?
What was the holding of Ghen v. Rich case?
Yes, the custom of Cape Cod whaling establishes an enforceable property right in the killer of a whale.
What was the significance of the Cape Cod custom in the Ghen case?
It recognized that the person who kills a whale owns it, despite logistical challenges in applying property laws.
What issue did the court face regarding possession in Ghen v. Rich?
Determining who is the first to 'possess' the whale and the implications of letting it drift away.
What general rule does Ghen v. Rich recognize from Pierson?
It recognizes the general rule regarding possession of hunted animals but faces issues in application.
What is a key takeaway from Ghen v. Rich regarding custom?
Custom is important and can establish property rights even if not enshrined in statute.
What is the significance of the distance in Ghen v. Rich?
Ellis found the whale 17 miles away; the court did not focus on whether he knew of the custom.
What are the facts of the Popov v. Hayashi case?
Popov attempted to catch a valuable baseball but lost possession due to being overrun by a crowd, allowing Hayashi to claim it.
What legal issue was addressed in Popov v. Hayashi?
The issue was whether an attempt to possess an unowned object, impeded by unlawful activity, vests property interest in the individual attempting possession.
What rule was established in Popov v. Hayashi?
An actor who takes significant but incomplete steps to achieve possession of abandoned property, interrupted by unlawful acts, has a legally cognizable pre-possessory interest.
What is Gray's Rule regarding baseball ownership?
Gray's Rule states that a person who catches a baseball that enters the stands is its owner, needing complete control when momentum stops.
What happens if a baseball is dislodged by incidental contact before momentum stops in rationale in Popov?
If the baseball is dislodged by incidental contact before momentum stops, the catcher does not gain ownership.
What was the court's conclusion about Popov's possession of the baseball?
The court concluded that Popov did not have full possession of the baseball. BUT he was interrupted by unlawful activity and had some possession.
Why does the court give Popov a pre-possesory interest?
Because it is unable to determine if he would have been able to catch the ball if not attacked, and it refuses to accpet bad faith actors who attacked him.
What claim does Hayashi have regarding the baseball?
Hayashi has a legitimate claim to the ball but faces a cloud on its title.
What was the holding of the court regarding the baseball?
Both plaintiff and defendant have equal, undivided interest in the ball, which is ordered sold with proceeds split.
What is the issue in Jacque v. Steenberg Homes, Inc?
Whether a plaintiff can recover punitive damages for intentional trespass even with only nominal compensatory damages under Wisconsin law.
What were the facts of Jacque v. Steenberg Homes, Inc?
Steenberg Homes intentionally crossed the Jacques' land after being told no multiple times while delivering a mobile home.
What did the circuit court award in Jacque v. Steenberg Homes, Inc?
The circuit court awarded $1 nominal damages and $100,000 punitive damages.
What was the outcome of the post-verdict motion by Steenberg?
Steenberg argued that punitive damages could not be awarded without significant compensatory damages, which the trial court agreed with.
What is the rule regarding punitive damages in an intentional trespass suit established in Jacque?
An individual can recover punitive damages even with only nominal compensatory damages present in an intentional trespass suit.
What was the policy rationale for the holding in Jacque?
Deterring intentional trespass.
What does the law recognize in every trespass?
Actual harm.
What is essential for the right to property to have practical meaning?
Enforcement by the state.
What is the issue in State of New Jersey v. Shack?
Whether the property owner can exclude governmental agencies from accessing migrant workers for aid.
What were the facts surrounding the case of State of New Jersey v. Shack?
Tejaras and Shack, government employees, entered Tedesco's land to consult with migrant workers who resided and worked on the land. Tedesco was initially friendly but then wanted them off when one of them refused to let him sit in on their attorney-client meeting, calling the cops for trespassing.
What was the holding in Shack?
Ownership does not include the right to bar access to governmental services available to migrant workers. Land owners are not the complete dominators of the people who live on their land.
Policy Rationale for Holding in Shack?
Property serves humans, not the other way around; owners cannot dominate individuals residing on their property.
What is the main issue in Hinman v. Pacific Air Transport?
Is the entrance of an airplane to the airspace above an individual's land considered a trespass?
What was the court's ruling regarding trespass in Hinman v. Pacific Air Transport?
Transversing the airspace above land is not a trespass unless it injures the possession or actually enters the space that the individual is using.
What is the significance of the rule 'Ad Coelum' mentioned in Hinman v. Pacific Air Transport?
It suggests ownership extends from the center of the earth to the sky, but is no longer applicable in modern times.
What is the main holding regarding airspace ownership in Hinman?
Title to airspace is connected to the use of land; beyond personal use, it belongs to the world.
What is the policy implication of using Ad Coelum and saying all airspace invasion constituting trespass?
Difficult to have boundaries about who owns what airspace; Air travel would also be fundamentally impossible.
What is the range of airspace ownership above land (in modern times) not under Hinman?
You own between 100-500 feet depending on use; anything above 500 is navigable airspace.
What was the central issue in the Amistad case?
Whether the Africans on the Amistad were considered the property of Ruiz and Montez.
What are the facts of the Amistad Case?
53 Africans on Spanish ship the Amistad were illegally kidnapped from Africa. While in route from one part of cuba to another, rose up and killed the captain, took proprietors montez and ruiz captive, and accidentally sailed to New York instead of Africa. Case ensued on whether the Africans were rightfully property which could be replevined to Ruiz and Montez, as the slave trade from Africa was outlawed by Spanish law at the time.
What did the US argue regarding the Africans in the Amistad case?
The US argued that the court must return the Africans based on a 1795 treaty concerning piracy.
What must be proven for the Africans to be considered merchandise under the treaty?
It must be proven that they are merchandise and that there was a rescue from pirates/robbers, as well as Ruiz and Montez being their true owners.
What was the holding of the case regarding the Africans?
These africans were illegally enslaved. We have no power to deprive them of their freedom by handing them over. They are free.
What did the Somerset case establish about slavery?
Slavery only exists under positive law
In the UK, how is slavery defined compared to the US?
In the UK, slavery doesn't exist unless enshrined in law
What is Cohen's argument regarding the recognition of people as property?
Recognizing them as property gives them value
What was the issue in the Kirksey v. Jernigan case?
Withholding of a dead body as an actionable property wrong
What did the plaintiff assert in the Kirksey v. Jernigan case?
Her right to take the body to an establishment of her choice
What is the general rule regarding possession of a body for burial?
Surviving spouse or next of kin has the right to possession
What is an actionable wrong in the context of body possession?
Invasion of the right to possession for burial
Under what circumstances can punitive damages be awarded in a conversion claim for remains under Kirksey?
Punitive damages can be awarded if the case involves malice, intent, or great indifference to persons or property.
Why can punitive damages be awarded for conversion for remains when there is no actual harm?
Mental anguish is frequently the only injurious consequence, and it is very significant for a grieving individual. It is enough of a real harm that punitive damages are allowed.
What right do you have in a body under Kirksey v. Jernigan?
There is no property right to the body, but a right of possession that can be recovered.
What was the issue in Wilson v. Wilson regarding cremated remains?
Whether cremated remains are considered 'property' subject to division in probate proceedings.
What were the facts of the case in Wilson v. Wilson?
A 23-year-old son died in a car accident, and his divorced parents could not agree on where to bury his ashes. Dad sued claiming they were property subject to division in probate
What is the rule established in Wilson v. Wilson regarding cremated remains?
Cremated remains do not constitute property and are not subject to division under probate code.
What precedent did the court use in Wilson v. Wilson regarding property rights in remains?
Authorities generally state there are no property rights in remains, only a right of possession.
What does a claim of entitlement to remains signify in Wilson v. Wilson?
A claim of entitlement is not considered a property right and does not make remains property.
What did Blackstone say regarding an heir's property rights in body and ashes?
An heir has no property right in body and ashes.
How is property defined in probate law?
Broadly as 'real and personal property or any interest in it and anything that may be the subject of ownership'.
What was the policy rationale behind court holding in Wilson v. Wilson?
Labeling bodies as property would lead to bad implications, like commodification. Also bodies can't be divided for religious and practical reasons.
What case addressed whether a domain name is property under California law?
Kremen v. Cohen.
What was the core issue in Kremen v. Cohen?
Is a domain name property that can be subject to a tort conversion claim?
What did Kremen register that led to the dispute?
The domain name sex.com.
What fraudulent action did Cohen take regarding the domain name?
Cohen sent a fraudulent letter to Network Solutions claiming to represent Kremen's business.
What was the procedural outcome for Kremen against Cohen?
Kremen got a verdict against Cohen and a court order for profits, but Cohen fled.
What was the district court's decision regarding Network Solutions in Kremen's case?
The district court sustained Network Solutions' dismissal.
What is the broad definition of property according to the opinion?
It encompasses various interests that can be defined precisely.
What are the three parts of the test for determining if something in intangible property:
-Must be an interest capable of precise definition, like stock.
-Must be capable of exclusive use and possession
-Where the owner has a legitimate claim to ownership.
What is an example of something that cannot be precisely defined?
Ideas, thoughts, and consumer goodwill. This is why we have intellectual property law.
What is the original purpose of conversion in property law?
To remedy wrongful taking of another's lost goods.
What does the Restatement of Torts state about intangible goods?
They can be subject to conversion only if merged in a document.
What conclusion did the court in Cohen reach regarding California's merger requirement?
California does not follow the Restatement's merger requirement.
What types of intangible property claims were examined in Cohen v. Kremen?
Claims involving shares in a corporation, customer information, and musical recordings.
What did other California courts say about conversion claims for intangible property?
They support the idea of conversion claims for intangible property.
What did the court recognize about the DNS?
It has document-like qualities, although it is electronic.
What were the two arguments from the defendants that the court dismissed in Kremen?
What analogy did the court use regarding conversion of digital data in Kremen?
Destroying servers unlawfully should be treated like burning personal files in terms of conversion.
What was the main issue in Tieu v. Morgan (2011)?
The main issue was a fence that incorrectly divided two plots, leading to a dispute over property ownership.
What did the defendant in Tieu v. Morgan claim regarding the disputed land?
The defendant claimed hostile possession based on a good faith, but mistaken belief of holding true title.
What is required for a claim of right in property law?
A claim of right requires that the person believes in good faith that they have a property right to it.
What is 'color of title'?
Color of title refers to a mistake in the title that leads one to believe they own the property.
What is tacking in Adverse Possession?
Tacking is when the SoL is followed from one owner to another. Tacking is allowed if both the current and previous owner meet all elements of possession and are in privity.
What did Mannillo v. Gerski establish about small encroachments?
Mannillo v. Gerski established that very small encroachments are not considered open and notorious unless the true owner is actually aware of them.
What is the holding in Cahill v. Morrow regarding the offer to buy the property?
The offer to buy negates hostility, indicating she acknowledges she doesn't have a superior claim in 1997.
What is required to show a claim of right in property law?
Objective manifestations of good faith ownership beliefs are important; acknowledging lack of ownership undermines the claim.
What does the court say about actions taken after meeting the elements for ownership in Cahill v. Morrow?
Once all elements for ownership are met for a sufficient duration, subsequent actions do not affect ownership.
How can the offer to buy in Cahill v. Morrow be used against Cahill?
The offer could serve as circumstantial evidence that she knew she wasn't the real owner prior to 1997.
What is the main issue in Keeble v. Hickeringill?
Is scaring away ducks from another's profitable decoy pond with malicious intent an enforceable property claim?
What was the ruling in Keeble v. Hickeringill regarding property rights?
A property owner has the right to profit from their property without malicious interference from others.
What rationale supports the plaintiff's claim in Keeble v. Hickeringill?
The plaintiff likely has property rights to the ducks due to efforts made to attract them to his pond (rationale soli).
What is the significance of malicious intent in Keeble v. Hickeringill?
Using land with malicious intent interferes with a neighbor's property rights, even if the land is technically used lawfully.
What is the holding in the case regarding driving ducks away from a competitor's decoy pond?
Property owners have the right to use their property without malicious interference from others.
What is the key takeaway from the classic nuisance case (Keeble) discussed?
There may be property rights to animals on one's property.
What principle was established in Blades v. Higgs regarding wild animals?
Wild animals are the property of the owner of the land they are taken from (rationale soli).
What does the case Tyler v. Wilkinson address?
The legal appropriation of water flow for commercial purposes affecting downstream owners.
What is the rule established in Tyler v. Wilkinson regarding water rights?
Landowners have a right to reasonable use of water across their property without detriment to others, unless agreed otherwise.
What is the modern view regarding ownership of subsurface land to the middle of a river?
It is not generally true anymore that you own the subsurface to the middle of the river.
What can establish rightful appropriation of water flows?
What was the issue in Coffin v. Left Hand Ditch Co.?
Does the first party to put water to productive use gain rights in it, potentially harming future property owners?
What were the facts of Coffin v. Left Hand Ditch Co.?
Plaintiff diverted water from a stream to their farm (which was somewhat far away), later the defendant diverted some water to their nearby farm, but it was insufficient to fund their farm, leading to a dispute over water rights.
What rule was established in Coffin v. Left Hand Ditch Co.?
The first appropriator of water from a natural stream for beneficial use has a prior right to the appropriation.
What reasoning was given regarding riparian rights in Colorado?
LH Ditch has no riparian rights; Colorado adopts priority of appropriation in its constitution.
Is priority of appropriation dependent on location of use?
No, under Coffin v. Left Hand DItch Co it is not dependent upon the location of its application to beneficial use. It's just the first person to put it to beneficial use.
What is the main issue in the case of Briggs v. Southwestern Energy Production Company?
Whether hydraulic fracturing on adjacent land constitutes trespass or is protected by the rule of capture.
What does the rule of capture state regarding hydraulic fracturing?
The rule of capture applies to fracking, and it does not immunize an individual from trespass if there is actual intrusion into the subsurface.
What right is associated with water appropriation in prior appropriation jurisdictions?
A property right to the quantity of water appropriated, which can be transferred or sold independently of land.
What happens if you stop using water beneficially under prior appropriation?
Theoretically, you lose your property right in the water.
What is a significant problem in western states regarding water rights?
Overallocated water rights, leading to use that is "productive" but functionally unproductive use to avoid losing rights.
What policy challenges exist in determining water rights, but especially prior allocation water rights?
It is difficult to ascertain how much water was appropriated by each person, leading to vastly overallocated rights.
What happened in Briggs v. Southwestern Energy Production Co?
Briggs family owned land, Southwestern En. Prod. Co. hydraulic fractured on the land next to it. Briggs sued for trespass and value of the oil.
What is the relevance of beneficial use in water rights?
Beneficial use is essential to maintain property rights in water; non-use can lead to loss of rights.
What argument was made regarding the rule of capture in oil migration cases in Briggs?
The plaintiff argued that artificially creating capture should exempt one from the rule of capture. The court disagreed.
Can one invade the subsurface area of another's property under Briggs?
No, the title of a parcel includes everything below the surface, but one cannot be found for trespass if oil migrates from another's land.
What was insufficient in the original pleading regarding the trespass case?
There was no allegation of physical intrusion, which was deemed insufficient.
What was a material fact dispute in the case?
Whether the energy company pumped particulate matter into the plaintiff's property.
Is putting a drill on a neighbor's land considered trespass?
Yes putting a drill on a neighbor's land is obviously trespass, as is forcing particulate matter into their property.
What is the burden of proof in a trespass case involving fracking?
The burden of proof is on the plaintiff to prove trespass, showing that contamination moved from their property due to fracking.
How difficult is it for a plaintiff to prove contamination from fracking?
It is incredibly hard for a plaintiff to prove contamination from fracking fluid.
What is the key issue in the Estate of Dalton Edward Craigen case?
The key issue is whether Daphne received a fee simple absolute (FSA) or a life estate.
What does the rule say about interpreting ambiguous holographic wills?
Ambiguous holographic wills must be interpreted holistically and according to layperson's language, assuming no intent for intestacy.
What assumption is made when interpreting a holographic will?
It is assumed that the deceased did not want intestacy and the intent must be determined from the ambiguity according to layman's terms.
What does the term 'complete disposition' refer to in the context of wills?
Complete disposition refers to the assumption that the will intends to cover all assets and not create intestacy.
What does writing a will indicate about a person's intent?
It shows that the person wants to control the disposition of their property, so we assume complete disposition.
What is the primary focus when interpreting a will?
To determine the testator's intent.
What should be avoided when determining intent from a will?
Going outside the will. Should only be done if it's so ambiguous that you can't tease the intent out off the will at all.
What is assumed when there is ambiguity on the type of estate conveyed? (i.e. life versus FSA)
The assumption is that the largest estate is conveyed unless specified otherwise using designated legal jargon.
In a holographic will, how should language be interpreted?
As a layperson would, not as a legal professional.
What prevails in the interpretation of a will, dominant clause or subsidiary provisions?
The dominant clause prevails over subsidiary provisions.
What was the holding in the case regarding the interpretation of the will?
Interpreting the will holistically, there is no intent to create a life estate.
What is the doctrine discussed in Jackson v. Brownson?
Doctrine of Waste.
What was the issue in Jackson v. Brownson?
Was a life tenant cutting down a bunch of trees on a farm considered waste?
What rule applies to individuals with a life estate regarding tree use?
They can reasonably use some trees as long as it won't irreparably harm the future estate.
What constitutes waste under the Old England Common Law Rule?
Anything that injures the estate without consent.
What is the typical procedure for deciding if something is waste in the context of life estates?
It needs to be seen by a jury.
What is the dissent's view on cutting down trees?
Cutting down one tree for no reason is as bad as cutting down a thousand trees.
What should be considered in relation to dissent?
The justification for cutting down trees should be considered, not just the number.
What concern does dissent have regarding waste?
Dissent is concerned about what the line for waste actually is.
How does dissent view the covenant?
Dissent believes it undercuts the actual covenant regarding waste.
Which rule does dissent agree with more?
Dissent agrees more with the British rule.
What are the facts of Ghen v. Rich?
Ghen killed whale. Ellis found it 17 miles away from where it was killed and claimed it, sold it to Rich. Went against Cape Cod custom that the killer gets the animal and finder (ellis) gets small fee. Ghen sued Rich for value of the whale.
What is the main issue in Pierson v. Post?
Does the mere pursuit of a fera natura vest property rights in the pursuer?
What were the facts of Pierson v. Post?
Post pursued a fox with hounds; Pierson killed the fox while watching and carried it off.
What is the rule established in Pierson v. Post?
Property rights are not gained by mere pursuit; control over the animal is required.
What was the majority reasoning in Pierson v. Post?
Case law does not define pursuit as creating property rights; control is necessary for possession.
What was Justice Livingston's dissent in Pierson v. Post?
Property can be acquired without bodily touch if the pursuer is within reach of the animal.
What policy reasoning did Justice Livingston provide in his dissent in Pierson?
It's unfair for someone to take away a hunter's catch at the last minute; local customs should guide rulings.
What potential policy issue did the majority opinion in Pierson raise regarding property rights and pursuit?
Vesting rights by mere pursuit could lead to excessive litigation and administrability difficulties.
What is the central issue in Ghen v. Rich?
Does the traditional custom of Cape Cod whaling, where the person who kills the whale owns it, create an enforceable property right in the killer?
What was the holding of Ghen v. Rich case?
Yes, the custom of Cape Cod whaling establishes an enforceable property right in the killer of a whale.
What was the significance of the Cape Cod custom in the Ghen case?
It recognized that the person who kills a whale owns it, despite logistical challenges in applying property laws.
What issue did the court face regarding possession in Ghen v. Rich?
Determining who is the first to 'possess' the whale and the implications of letting it drift away.
What general rule does Ghen v. Rich recognize from Pierson?
It recognizes the general rule regarding possession of hunted animals but faces issues in application.
What is a key takeaway from Ghen v. Rich regarding custom?
Custom is important and can establish property rights even if not enshrined in statute.
What is the significance of the distance in Ghen v. Rich?
Ellis found the whale 17 miles away; the court did not focus on whether he knew of the custom.
What are the facts of the Popov v. Hayashi case?
Popov attempted to catch a valuable baseball but lost possession due to being overrun by a crowd, allowing Hayashi to claim it.
What legal issue was addressed in Popov v. Hayashi?
The issue was whether an attempt to possess an unowned object, impeded by unlawful activity, vests property interest in the individual attempting possession.
What rule was established in Popov v. Hayashi?
An actor who takes significant but incomplete steps to achieve possession of abandoned property, interrupted by unlawful acts, has a legally cognizable pre-possessory interest.
What is Gray's Rule regarding baseball ownership?
Gray's Rule states that a person who catches a baseball that enters the stands is its owner, needing complete control when momentum stops.
What happens if a baseball is dislodged by incidental contact before momentum stops in rationale in Popov?
If the baseball is dislodged by incidental contact before momentum stops, the catcher does not gain ownership.
What was the court's conclusion about Popov's possession of the baseball?
The court concluded that Popov did not have full possession of the baseball. BUT he was interrupted by unlawful activity and had some possession.
Why does the court give Popov a pre-possesory interest?
Because it is unable to determine if he would have been able to catch the ball if not attacked, and it refuses to accpet bad faith actors who attacked him.
What claim does Hayashi have regarding the baseball?
Hayashi has a legitimate claim to the ball but faces a cloud on its title.
What was the holding of the court regarding the baseball?
Both plaintiff and defendant have equal, undivided interest in the ball, which is ordered sold with proceeds split.
What is the issue in Jacque v. Steenberg Homes, Inc?
Whether a plaintiff can recover punitive damages for intentional trespass even with only nominal compensatory damages under Wisconsin law.
What were the facts of Jacque v. Steenberg Homes, Inc?
Steenberg Homes intentionally crossed the Jacques' land after being told no multiple times while delivering a mobile home.
What did the circuit court award in Jacque v. Steenberg Homes, Inc?
The circuit court awarded $1 nominal damages and $100,000 punitive damages.
What was the outcome of the post-verdict motion by Steenberg?
Steenberg argued that punitive damages could not be awarded without significant compensatory damages, which the trial court agreed with.
What is the rule regarding punitive damages in an intentional trespass suit established in Jacque?
An individual can recover punitive damages even with only nominal compensatory damages present in an intentional trespass suit.
What is the issue in State of New Jersey v. Shack?
Whether the property owner can exclude governmental agencies from accessing migrant workers for aid.
What were the facts surrounding the case of State of New Jersey v. Shack?
Tejaras and Shack, government employees, entered Tedesco's land to consult with migrant workers who resided and worked on the land. Tedesco was initially friendly but then wanted them off when one of them refused to let him sit in on their attorney-client meeting, calling the cops for trespassing.
What was the holding in Shack?
Ownership does not include the right to bar access to governmental services available to migrant workers. Land owners are not the complete dominators of the people who live on their land.
Policy Rationale for Holding in Shack?
Property serves humans, not the other way around; owners cannot dominate individuals residing on their property.
What is the main issue in Hinman v. Pacific Air Transport?
Is the entrance of an airplane to the airspace above an individual's land considered a trespass?
What was the court's ruling regarding trespass in Hinman v. Pacific Air Transport?
Transversing the airspace above land is not a trespass unless it injures the possession or actually enters the space that the individual is using.
What is the significance of the rule 'Ad Coelum' mentioned in Hinman v. Pacific Air Transport?
It suggests ownership extends from the center of the earth to the sky, but is no longer applicable in modern times.
What is the main holding regarding airspace ownership in Hinman?
Title to airspace is connected to the use of land; beyond personal use, it belongs to the world.
What is the policy implication of using Ad Coelum and saying all airspace invasion constituting trespass?
Difficult to have boundaries about who owns what airspace; Air travel would also be fundamentally impossible.
What is the range of airspace ownership above land (in modern times) not under Hinman?
You own between 100-500 feet depending on use; anything above 500 is navigable airspace.
What was the central issue in the Amistad case?
Whether the Africans on the Amistad were considered the property of Ruiz and Montez.
What are the facts of the Amistad Case?
53 Africans on Spanish ship the Amistad were illegally kidnapped from Africa. While in route from one part of cuba to another, rose up and killed the captain, took proprietors montez and ruiz captive, and accidentally sailed to New York instead of Africa. Case ensued on whether the Africans were rightfully property which could be replevined to Ruiz and Montez, as the slave trade from Africa was outlawed by Spanish law at the time.
What did the US argue regarding the Africans in the Amistad case?
The US argued that the court must return the Africans based on a 1795 treaty concerning piracy.
What must be proven for the Africans to be considered merchandise under the treaty?
It must be proven that they are merchandise and that there was a rescue from pirates/robbers, as well as Ruiz and Montez being their true owners.
What was the holding of the case regarding the Africans?
These africans were illegally enslaved. We have no power to deprive them of their freedom by handing them over. They are free.
In the UK, how is slavery defined compared to the US?
In the UK, slavery doesn't exist unless enshrined in law
What is Cohen's argument regarding the recognition of people as property?
Recognizing them as property gives them value
What was the issue in the Kirksey v. Jernigan case?
Withholding of a dead body as an actionable property wrong
What did the plaintiff assert in the Kirksey v. Jernigan case?
Her right to take the body to an establishment of her choice
What is the general rule regarding possession of a body for burial?
Surviving spouse or next of kin has the right to possession
What is an actionable wrong in the context of body possession?
Invasion of the right to possession for burial
Under what circumstances can punitive damages be awarded in a conversion claim for remains under Kirksey?
Punitive damages can be awarded if the case involves malice, intent, or great indifference to persons or property.
Why can punitive damages be awarded for conversion for remains when there is no actual harm?
Mental anguish is frequently the only injurious consequence, and it is very significant for a grieving individual. It is enough of a real harm that punitive damages are allowed.
What right do you have in a body under Kirksey v. Jernigan?
There is no property right to the body, but a right of possession that can be recovered.
What was the issue in Wilson v. Wilson regarding cremated remains?
Whether cremated remains are considered 'property' subject to division in probate proceedings.
What were the facts of the case in Wilson v. Wilson?
A 23-year-old son died in a car accident, and his divorced parents could not agree on where to bury his ashes. Dad sued claiming they were property subject to division in probate
What is the rule established in Wilson v. Wilson regarding cremated remains?
Cremated remains do not constitute property and are not subject to division under probate code.
What precedent did the court use in Wilson v. Wilson regarding property rights in remains?
Authorities generally state there are no property rights in remains, only a right of possession.
What does a claim of entitlement to remains signify in Wilson v. Wilson?
A claim of entitlement is not considered a property right and does not make remains property.
What did Blackstone say regarding an heir's property rights in body and ashes?
An heir has no property right in body and ashes.
How is property defined in probate law?
Broadly as 'real and personal property or any interest in it and anything that may be the subject of ownership'.
What was the policy rationale behind court holding in Wilson v. Wilson?
Labeling bodies as property would lead to bad implications, like commodification. Also bodies can't be divided for religious and practical reasons.
What was the core issue in Kremen v. Cohen?
Is a domain name property that can be subject to a tort conversion claim?
What fraudulent action did Cohen take regarding the domain name?
Cohen sent a fraudulent letter to Network Solutions claiming to represent Kremen's business.
What was the procedural outcome for Kremen against Cohen?
Kremen got a verdict against Cohen and a court order for profits, but Cohen fled.
What was the district court's decision regarding Network Solutions in Kremen's case?
The district court sustained Network Solutions' dismissal.
What is the broad definition of property according to the opinion?
It encompasses various interests that can be defined precisely.
What are the three parts of the test for determining if something in intangible property:
-Must be an interest capable of precise definition, like stock.
-Must be capable of exclusive use and possession
-Where the owner has a legitimate claim to ownership.
What is an example of something that cannot be precisely defined?
Ideas, thoughts, and consumer goodwill. This is why we have intellectual property law.
What is the original purpose of conversion in property law?
To remedy wrongful taking of another's lost goods.
What does the Restatement of Torts state about intangible goods?
They can be subject to conversion only if merged in a document.
What conclusion did the court in Cohen reach regarding California's merger requirement?
California does not follow the Restatement's merger requirement.
What types of intangible property claims were examined in Cohen v. Kremen?
Claims involving shares in a corporation, customer information, and musical recordings.
What did other California courts say about conversion claims for intangible property?
They support the idea of conversion claims for intangible property.
What did the court recognize about the DNS?
It has document-like qualities, although it is electronic.
What were the two arguments from the defendants that the court dismissed in Kremen?
What analogy did the court use regarding conversion of digital data in Kremen?
Destroying servers unlawfully should be treated like burning personal files in terms of conversion.
What was the main issue in Tieu v. Morgan (2011)?
The main issue was a fence that incorrectly divided two plots, leading to a dispute over property ownership.
What did the defendant in Tieu v. Morgan claim regarding the disputed land?
The defendant claimed hostile possession based on a good faith, but mistaken belief of holding true title.
What is required for a claim of right in property law?
A claim of right requires that the person believes in good faith that they have a property right to it.
What is 'color of title'?
Color of title refers to a mistake in the title that leads one to believe they own the property.
What is tacking in Adverse Possession?
Tacking is when the SoL is followed from one owner to another. Tacking is allowed if both the current and previous owner meet all elements of possession and are in privity.
What did Mannillo v. Gerski establish about small encroachments?
Mannillo v. Gerski established that very small encroachments are not considered open and notorious unless the true owner is actually aware of them.
What is the holding in Cahill v. Morrow regarding the offer to buy the property?
The offer to buy negates hostility, indicating she acknowledges she doesn't have a superior claim in 1997.
What is required to show a claim of right in property law?
Objective manifestations of good faith ownership beliefs are important; acknowledging lack of ownership undermines the claim.
What does the court say about actions taken after meeting the elements for ownership in Cahill v. Morrow?
Once all elements for ownership are met for a sufficient duration, subsequent actions do not affect ownership.
How can the offer to buy in Cahill v. Morrow be used against Cahill?
The offer could serve as circumstantial evidence that she knew she wasn't the real owner prior to 1997.
What is the main issue in Keeble v. Hickeringill?
Is scaring away ducks from another's profitable decoy pond with malicious intent an enforceable property claim?
What was the ruling in Keeble v. Hickeringill regarding property rights?
A property owner has the right to profit from their property without malicious interference from others.
What rationale supports the plaintiff's claim in Keeble v. Hickeringill?
The plaintiff likely has property rights to the ducks due to efforts made to attract them to his pond (rationale soli).
What is the significance of malicious intent in Keeble v. Hickeringill?
Using land with malicious intent interferes with a neighbor's property rights, even if the land is technically used lawfully.
What is the holding in the case regarding driving ducks away from a competitor's decoy pond?
Property owners have the right to use their property without malicious interference from others.
What is the key takeaway from the classic nuisance case (Keeble) discussed?
There may be property rights to animals on one's property.
What principle was established in Blades v. Higgs regarding wild animals?
Wild animals are the property of the owner of the land they are taken from (rationale soli).
What does the case Tyler v. Wilkinson address?
The legal appropriation of water flow for commercial purposes affecting downstream owners.
What is the rule established in Tyler v. Wilkinson regarding water rights?
Landowners have a right to reasonable use of water across their property without detriment to others, unless agreed otherwise.
What is the modern view regarding ownership of subsurface land to the middle of a river?
It is not generally true anymore that you own the subsurface to the middle of the river.
What can establish rightful appropriation of water flows?
What was the issue in Coffin v. Left Hand Ditch Co.?
Does the first party to put water to productive use gain rights in it, potentially harming future property owners?
What were the facts of Coffin v. Left Hand Ditch Co.?
Plaintiff diverted water from a stream to their farm (which was somewhat far away), later the defendant diverted some water to their nearby farm, but it was insufficient to fund their farm, leading to a dispute over water rights.
What rule was established in Coffin v. Left Hand Ditch Co.?
The first appropriator of water from a natural stream for beneficial use has a prior right to the appropriation.
What reasoning was given regarding riparian rights in Colorado?
LH Ditch has no riparian rights; Colorado adopts priority of appropriation in its constitution.
Is priority of appropriation dependent on location of use?
No, under Coffin v. Left Hand DItch Co it is not dependent upon the location of its application to beneficial use. It's just the first person to put it to beneficial use.
What is the main issue in the case of Briggs v. Southwestern Energy Production Company?
Whether hydraulic fracturing on adjacent land constitutes trespass or is protected by the rule of capture.
What does the rule of capture state regarding hydraulic fracturing?
The rule of capture applies to fracking, and it does not immunize an individual from trespass if there is actual intrusion into the subsurface.
What right is associated with water appropriation in prior appropriation jurisdictions?
A property right to the quantity of water appropriated, which can be transferred or sold independently of land.
What happens if you stop using water beneficially under prior appropriation?
Theoretically, you lose your property right in the water.
What is a significant problem in western states regarding water rights?
Overallocated water rights, leading to use that is "productive" but functionally unproductive use to avoid losing rights.
What policy challenges exist in determining water rights, but especially prior allocation water rights?
It is difficult to ascertain how much water was appropriated by each person, leading to vastly overallocated rights.
What happened in Briggs v. Southwestern Energy Production Co?
Briggs family owned land, Southwestern En. Prod. Co. hydraulic fractured on the land next to it. Briggs sued for trespass and value of the oil.
What is the relevance of beneficial use in water rights?
Beneficial use is essential to maintain property rights in water; non-use can lead to loss of rights.
What argument was made regarding the rule of capture in oil migration cases in Briggs?
The plaintiff argued that artificially creating capture should exempt one from the rule of capture. The court disagreed.
Can one invade the subsurface area of another's property under Briggs?
No, the title of a parcel includes everything below the surface, but one cannot be found for trespass if oil migrates from another's land.
What was insufficient in the original pleading regarding the trespass case?
There was no allegation of physical intrusion, which was deemed insufficient.
What was a material fact dispute in the case?
Whether the energy company pumped particulate matter into the plaintiff's property.
Is putting a drill on a neighbor's land considered trespass?
Yes putting a drill on a neighbor's land is obviously trespass, as is forcing particulate matter into their property.
What is the burden of proof in a trespass case involving fracking?
The burden of proof is on the plaintiff to prove trespass, showing that contamination moved from their property due to fracking.
How difficult is it for a plaintiff to prove contamination from fracking?
It is incredibly hard for a plaintiff to prove contamination from fracking fluid.
What is the key issue in the Estate of Dalton Edward Craigen case?
The key issue is whether Daphne received a fee simple absolute (FSA) or a life estate.
What does the rule say about interpreting ambiguous holographic wills?
Ambiguous holographic wills must be interpreted holistically and according to layperson's language, assuming no intent for intestacy.
What assumption is made when interpreting a holographic will?
It is assumed that the deceased did not want intestacy and the intent must be determined from the ambiguity according to layman's terms.
What does the term 'complete disposition' refer to in the context of wills?
Complete disposition refers to the assumption that the will intends to cover all assets and not create intestacy.
What does writing a will indicate about a person's intent?
It shows that the person wants to control the disposition of their property, so we assume complete disposition.
What should be avoided when determining intent from a will?
Going outside the will. Should only be done if it's so ambiguous that you can't tease the intent out off the will at all.
What is assumed when there is ambiguity on the type of estate conveyed? (i.e. life versus FSA)
The assumption is that the largest estate is conveyed unless specified otherwise using designated legal jargon.
In a holographic will, how should language be interpreted?
As a layperson would, not as a legal professional.
What prevails in the interpretation of a will, dominant clause or subsidiary provisions?
The dominant clause prevails over subsidiary provisions.
What was the holding in the case regarding the interpretation of the will?
Interpreting the will holistically, there is no intent to create a life estate.
What was the issue in Jackson v. Brownson?
Was a life tenant cutting down a bunch of trees on a farm considered waste?
What rule applies to individuals with a life estate regarding tree use?
They can reasonably use some trees as long as it won't irreparably harm the future estate.
What constitutes waste under the Old England Common Law Rule?
Anything that injures the estate without consent.
What is the typical procedure for deciding if something is waste in the context of life estates?
It needs to be seen by a jury.
What is the dissent's view on cutting down trees?
Cutting down one tree for no reason is as bad as cutting down a thousand trees.
What should be considered in relation to dissent?
The justification for cutting down trees should be considered, not just the number.
What concern does dissent have regarding waste?
Dissent is concerned about what the line for waste actually is.
How does dissent view the covenant?
Dissent believes it undercuts the actual covenant regarding waste.
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