Property law, generously understood, determines how rights to resources are created, defined, enforced, and terminated. The following diagram shows the major sets of rules governing the principal types of resources.
Origin | Use | Division | Transfer | Termination | |
---|---|---|---|---|---|
LAND | occupancy; conquest; homesteading systems | trespass; nuisance; light & support; zoning; anti-discrimination rules | estate system; future interests; servitudes; landlord/tenant law; marital property | conveyance; inheritance; adverse possession; eminent domain | forfeiture; change of conditions; rule against perpetuities |
OBJECTS | manufacture | tort law; art-preservation laws | marital property | sale; gift; inheritance; finders | forfeiture |
WATER | riparian rights; prior appropriation; purification | reasonable uses; beneficial uses | alienability restrictions; watershed restrictions | cessation of beneficial use | |
ANIMALS | capture; custom; tribal rights; permits; quotas; offspring | animal welfare rules | alienability of permits and quotas | ||
PEOPLE | war; race; criminal punishment | restrictions on treatment -- homicide, assault, rape, food, housing | slave leases; mortgages | conveyance; inheritance; foreclosure | manumission; emancipation; escape |
INFORMATION | possession; discovery; surveillance; medical treatment | permissibility of commerce; health research; employment; insurance; politics | terms of service; inalienability; corporate acquisitions | ||
INNOVATIONS | originality; novelty; inventive step; utility; formalities | exclusive rights vs. exceptions & limitations | leases; joint authorship | assignments; work-for-hire; creative commons | "limited times"; termination rules |
ENERGY SOURCES (oil, light, wind) | national vs. tribal vs. private rights; capture vs. correlative rights | environmental law | oil & gas leases; severance; subsurface supremacy | Mill Acts; Solar Easement Statutes | reversion |
The remaining entries on this page provide access to the materials I use to teach these topics.