Deck 11: Damages

Question 1

Explain whether the right to store furniture in your neighbor's basement can be considered an easement.
What about the right to use a boundary fence for the erection of signageadvertising a neighborhood grocery store?

Answer 1

Easement right refers to the ' nonpossessory ' rights given by the owner of the property to the other party. The right in the property given for a specific purpose only. The right of easement may include: right relating to artificial waterways, right to use the land for agriculture, etc. The person on whose land or property liability is imposed or created is called " servient tenement ", and the person in whose favor right of easement is created is called " dominant owner ".
The right to store furniture in a neighbor's basement can be considered as an easement right. Storing of the furniture in a neighbor's basement can be done under ' easement in gross '. An easement in gross states that the dominant owner has the right to use the land or property of the servient tenement for a specific purpose. Therefore, in this case an easement right of storing furniture in a neighbor's basement can be created between the parties.
The erection of signage by the dominant owner using boundary fence will be based upon the intention of the parties and for what purpose the parties created the easement. Therefore, any construction or erection will fall outside the scope of the right of easement, if the dominant owner's action creates unreasonable burden on servient tenement or the property.
Therefore, in this case the purpose for erecting a signage is to advertise the grocery store. Hence, the erecting a signage will not be considered as an easement right because it for commercial purpose. However, if the parties agree to erect a signage (for a specific purpose) an easement right can be created.

Question 2

Discuss whether you agree with the fault-based approach in the consideration of the ownership of an engagement ring after the termination of an engagement.

Answer 2

In legal terms, gift refers to the voluntary and irrevocable transfer of ownership of any property without any consideration. The person making the gift is known as ' donor ' and the person accepting or to whom the gift is made is known as ' donee '.
No , fault-based approach is not a reasonable method in considering the ownership of an engagement ring after the termination of the engagement. Many jurisdictions have declined to adopt the fault-based approach because the courts then need to peruse a number of testimonies and evidence in order to find who was at fault or which party broke its promise.
Therefore, after the termination of the engagement, the engagement ring needs to be returned to the donor by the donee. In no-fault divorce system, the judiciary is not forced to look into the reasons, and hence, there is no unreasonable burden on the courts.

Question 3

Think about the importance of property law as it relates to other substantive areas of the law, such as criminal law or tort law. Discuss.

Answer 3

Property law protects the rights of the owner of the property. Property includes: land, buildings, lake, etc. Stocks of companies , websites , intellectual property are also considered to be property. Therefore, property rights of persons provide exclusive rights , the right to use , dispose , control , etc., to the property owned by them.
Property law intersects many substantive law. The relationship of property law with other law are discussed below:
• TORT LAW
Trespass to chattels - Trespass to chattels refers to the tortious act whereby the infringer or trespasser has intentionally interfered with the property of the rightful owner. Trespass to chattel may apply in cases:
• where the trespasser dispossesses the owner or possessor of the property.
• trespasser diminishes the condition, quality, or value of the property.
• restrict the owner or possessor of the property to enter the property of a substantial time.
• cause bodily harm to the owner or possessor of the property, or to some person or thing, in which the owner or possessor has a legal interest.
• PROPERTY LAW
Vandalism - Vandalism is an act of defacing or destroying the property of a person. Vandalism is a crime that includes defacing or destroying the property, painting graffiti on someone's property. People charged with vandalism are made to pay fines or face imprisonment or both.
Arson - Arson is the willful act of burning of the property. Arson is generally done with the malicious or vindictive intent - to cause damage to the property, or inflicting injury to persons. Burning of the property can also done with the intent of inflicting injury to the people inhabiting the property or causing death. Person charged with arson may face life imprisonment or capital punishment.

Question 4

Discuss the extent to which the burden of easements affects the enjoyment of land by the successors in title of those who created the easements.

Question 5

How does the law of adverse possession reflect the logic of protecting a landowner's bundle of rights? Should adverse possession be abolished?