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Editing Property Merrill/Outline
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****Enjoying your property without interference- noise or pollution | ****Enjoying your property without interference- noise or pollution | ||
''' | '''Jacque v. Steenberg Homes, Inc.''' (1997) | ||
*Facts | *Facts | ||
**o Company intentionally cuts over guy’s property against his denial. Bad faith trespass. Middle of winter. Court awards nominal damage ($1) and punitive damages. | **o Company intentionally cuts over guy’s property against his denial. Bad faith trespass. Middle of winter. Court awards nominal damage ($1) and punitive damages. | ||
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********2) What’s the remedy? (Damages or Injunction?) | ********2) What’s the remedy? (Damages or Injunction?) | ||
<br /> | <br /> | ||
=III. POSSESSION= | =III. POSSESSION= | ||
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*Sequential Possession Issues | *Sequential Possession Issues | ||
#'''A) Right of Possession''' | #'''A) Right of Possession''' | ||
*''' | *'''Haslem v. Lockwood''' (CT, 1871) | ||
**o FACTS: | **o FACTS: | ||
***Manure case. Guy starts to pile manure up on side of public highway (effort). Leaves for night without sign. D finishes and takes it home. | ***Manure case. Guy starts to pile manure up on side of public highway (effort). Leaves for night without sign. D finishes and takes it home. | ||
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****Replevin v. | ****Replevin v. | ||
<br /> | <br /> | ||
=IV. PERSONHOOD= | =IV. PERSONHOOD= | ||
Overview | Overview | ||
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*Law implies obligation on tenant to pay rent (regardless if T occupies lease/home) | *Law implies obligation on tenant to pay rent (regardless if T occupies lease/home) | ||
**o Independent of circumstances – T has absolute obligation to pay rent | **o Independent of circumstances – T has absolute obligation to pay rent | ||
***EXCEPTION: Unless L fails to give '''quiet possession'''. Because this “goes to the essence” of the lease (''' | ***EXCEPTION: Unless L fails to give '''quiet possession'''. Because this “goes to the essence” of the lease ('''Paradine v. Jane''' (1647)) | ||
**o If T doesn’t pay rent à L can sue for rent (not eviction). Normally L can’t evict T. | **o If T doesn’t pay rent à L can sue for rent (not eviction). Normally L can’t evict T. | ||
***EXCEPTION: '''Forfeiture clause''' – specifies that T loses interest when he fails to pay rent. | ***EXCEPTION: '''Forfeiture clause''' – specifies that T loses interest when he fails to pay rent. | ||
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<br /> | <br /> | ||
=IX. COMMON INTEREST COMMUNITIES (CIC)= | =IX. COMMON INTEREST COMMUNITIES (CIC)= | ||
Overview | Overview | ||
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|'''Plaintiff''' | |'''Plaintiff''' | ||
|'''RULE 1'''<br /> Campbell v. Seaman = Injunction | |'''RULE 1'''<br /> Campbell v. Seaman = Injunction | ||
|'''RULE 2''' | |'''RULE 2'''Boomer = D takes P’s entitlement w/o consent, but D must pay damages (ie diminished market value of land subject to nuisance (pollution)) | ||
|- | |- | ||
|'''Defendant''' | |'''Defendant''' | ||
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*****Avoids high transaction costs of negotiating with many homeowners (i.e. where plant polluting by shifting entitlement to plant to produce set amount of pollution; forced transfer in exchange for money) | *****Avoids high transaction costs of negotiating with many homeowners (i.e. where plant polluting by shifting entitlement to plant to produce set amount of pollution; forced transfer in exchange for money) | ||
*****Can include future damages (Boomer) but doesn’t fully internalize cost of polluting | *****Can include future damages (Boomer) but doesn’t fully internalize cost of polluting | ||
****'''Rule 2: | ****'''Rule 2: Boomer v. Atlantic Cement Company''' (NY 1970) | ||
*****o Facts: | *****o Facts: | ||
******Cement plant affects many neighbors, but employs 300+ employees in the area. | ******Cement plant affects many neighbors, but employs 300+ employees in the area. | ||
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********Iowa is only farming state to have done this. | ********Iowa is only farming state to have done this. | ||
<br /> | <br /> | ||
=XI. EASEMENTS= | =XI. EASEMENTS= | ||
Overview | Overview |