Property 1 Outline

8/3/2019 Property 1 Outline

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Property 1

Outline

Chapter 1

Right to Exclude Others From Private Property

Jacque & Jacque v. Steenberg Homes

Rule of Law- When nominal damages are awarded for an intentional trespass to land,

punitive damages may also be awarded. First Impression.

The court held that the rationale supporting the compensatory damage award

requirement is not applicable when the wrongful act is an intentional trespass to land.

The rationale for the requirement is that if the individual cannot show actual harm,

society has little interest in having the unlawful, but harmless, conduct deterred and

punitive damages are inappropriate.

The court has recognized that in certain circumstances of trespass, the actual harm is

not the damage to the land, but the loss of the individual ’s right to exclude others from

his property, and has implied that the loss of this right may be punished by a large

damage award despite the lack of measurable harm.

The court must consider three factors in determining whether a punitive damage award

violates the Due Process Clause:

1) the degree of reprehensibility of the conduct;

2) the disparity between the harm suffered and the award; and

3) the difference between this remedy and the penalties authorized or imposed in

comparable cases.

D’s intentional trespass demonstrated an indifference and reckless disregard for the law

and for the rights of others. Such an award is necessary to deter similar conduct in the

future.



Compensatory Damages- measure of damages necessary to compensate victim for

actual injuries suffered.

Punitive Damages- Damages exceeding the actual injury suffered for the purposes of

punishment of the defendant, deterrence of the wrongful behavior or comfort to the

plaintiff.

Trespass to Land- Physical invasion of the plaintiff’s property that is intended and

caused by the defendant’s conduct.

Intel Corporation v. Hamidi

Rule of Law- Trespass to chattels does not encompass an electronic communication thatneither damages a recipient computer system nor impairs its functioning.

Trespass to chattels does not encompass an electronic communication that neither

damages a recipient computer system nor impairs its functioning. Such an electronic

communication does not constitute actionable trespass to personal property because it

does not interfere with the possessor’s use or possession of, or any other protected

interest in, the personal property itself.

To prevail on this particular claim, P would have to prove injury to its computer

systems- as where the quantity of e-mail (spam) overloads a system.

Trespass to Chattels- action for damages sustained as a result of defendant’s unlawful

interference with plaintiff’s property.

Chapter 2

The Right to exclude others from Semi-Private Property: Free Speech Rights Versus

Property Rights.

State of New Jersey v. Shack and Tejeras



Right to Exclusive Possession

Rule of Law- Real Property rights are not absolute; and “necessity, private or public,

may justify entry upon the lands of another.

Private lawyer to prosecute criminal case.

On appeal tedesco’s attorney sisn’t show up so the state took over.

Property Law- is to satisfying human needs, not necessary being logically consistent.

Real property rights are not absolute; and “necessity, private or public, may justify

entry upon the lands of another.” This rule is based upon the basic rationale that

“property rights serve human values. They are recognized to that end and are limited

by it.

A central concern is the welfare of the migrant workers- a highly disadvantaged

segment of society.

“outside of the mainstream of the communities in which they are housed and are

unaware of their rights and opportunites, and of the services available to them”

As such, here, the “necessity” of effective communication of legal rights and of

providing medical services for migrant workers justifies entry upon the private property.

Furthermore, the migrant farm worker must be allowed to receive visitors of his choice,

so long as there is no behavior harmful to others, and members of the press may not

be denied access to any farm worker who wishes to see them.

The defendants also maintain that the application of the trespass statute to them is

barred by the supremacy clause of the united states constitution, Art. VI cl. 2 and this

in the premise that the application of the trespass statute would defeat the purpose of

the federal statutes, under which scope and crls are funded, to reach and aid the

migrant farmworker. The defendants work for SCOPE and CRLS.

Whether the migrant worker should be deemed a tenant and thus entitled to the

tenant’s rights to receive visitors.

No legitimate need for a right in the farmer to deny the worker the opportunity for aid

available from federal, State, or local services, or from recognized charitable groups

seeking to assist him.



Not deny the worker his privacy or interfere with his opportunity to live with dignity and

to enjoy associations customary among our citizens.

New Jersey Coalition Against War in the Middle East v. J.M.B. Realty Corp.

Free Speech Rights and Private Property

Rule of Law- The extent of free speech rights on private property depend on the nature

of the use of the property, the extent of the public invitation to use that property, and

the purpose of the speech activity in relation to the use of the property.

Should property lose its private character because people use it for general commercial

use.

Standards taken into account:

1. What is the normal use of the property?

2. extent of the public is invited to to use it.

3. the purpose of the expressional activity in relation to both its private & public use.

The New Jersey right to free speech has been held to confer some rights against

interference from private property owners, The holding in (State v. Schmid), determinethat there are some free speech rights on private property provided that the use of the

property and the nature of the speech meets certain criteria.

The characteristic of the use of large shopping center malls is their all-inclusiveness.

Malls are like the public areas of towns and cities.

Malls make an all-embracing invitation to the public and have significant nonretail uses.

Leafleting not a burden on retail locations.

The court limits to leafleting and the mall sets the reasonable times, place, and manner

restrictions.



Chapter 3

Landlord-tenant: The Right of Exclusive Physical Possession

Lease- An agreement or contract that creates a relationship between a landlord and

tenant (real property) or lessor and lessee (real or personal property).

License- A right that is granted to a person allowing him or her to conduct an activity

that without such permission he or she could not lawfully do, and which is unassignable

and revocable at the will of the licensor.

Beckett v. City of Paris Dry Goods

What is a Lease?

Rule of Law- An agreement to permit the operation of a business in a store in an

unspecified area is a lease where the parties act upon it so as to relate to a specific

place and use the leasehold terminology in the writing.

Lease- exclusive possession and exclusion rights.

1. occupy a fixed space

2. space identified clearly

3. exclusive possession & exclusion rights

4. Document- tenant of lease

5. pay rent

License- uses of the land still in the possession of the licensor. No exclusive rights.

1. moved around at will by landlord

2. indistinct space

3. no exclusive possession & no exclusion rights

4. something other than tenant of lease

5. something other than pay rent

It’s a lease.



The written agreement is referred to in its text as a lease, the normal leasehold

covenants are contained within and a restriction against “assignment” is included.

No specific space but P’s space never changed.

A mere license could have been terminated in the event D intended to terminate thisagreement.

Characteristics of Beckett contract that points to a lease.

Contract had a specific term. A License is revocable

States that lease cannot be assigned

Referred to lessor/lessee relationship

Referred to as a lease in the contract

Monthly rent.

License indicators in Beckett contract.

Indistinct space in contract

Accounting done by D

Fire an Beckitt employee by paris’s direction.

The court looked at intent, language, and actions. How business was conducted.

It is the amount of control the landlord has in determining if it is a lease or license.

Wenner and City of Phoenix v. Dayton-Hudson Corporation

License Agreement

Rule of Law- A license agreement is formed when a tenant does not have exclusive

possession or any interest whatsoever in the premises being leased.

A license agreement is formed when a tenant does not have exclusive possession or

any interest whatsoever in the premises being leased.

Section 5 of the contract states that it is a license, not controlling.

P is obligated to furnish an agreeable amount of space in the store.



The space may change from time to time at P’s direction.

Retailer is not to receive any interest in the real property or exclusive possession of any

portion thereof.

Retailer has access to the premises only when the store is open to the public and mayconduct business only at those times.

Retailer is required to use P’s trademark and trade name in conducting business.

These factor’s make it a license.

Proceeds from license agreements were not taxable. Proceeds from lease agreements

were taxable.

License Lease

No interest in property Non-assignability clause (Beckitt- lease)

No exclusive use of property

No access outside of business hours.

Typically leases can be assigned, Licenses cannot be assigned- because it can be

terminated at any time. No possessory interest.

Exclusive Possession- possession of property to the exclusion of all others; constitutes a

requirement for the acquiring of property through adverse possession.

Interference with Actual Physical Possession and Quiet Enjoyment

1. Interference at the Commencement of the Lease Term

Landlord’s covenant of quiet enjoyment implied all leases which includes the right to

physical possession of the leased premises.

Most states go further and hold that the landlord is obligated to furnish actual physical

possession to the tenant.

American Rule



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Property 1 Outline