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.
