The idea of the bundle of sticks as it relates to real property is the idea that individuals can have many separate rights to real property. The bundle of sticks idea specifies several rights that individuals have when they own real property. One of the main rights that exists with property ownership is the right to exclude. The right to exclude refers to an individual property owner’s right to stop others from being on the property. For the most part, the right to exclude is absolute. However, there are certain circumstances where the government has the right to enter property without the property owner’s consent. One such circumstance is when there is a warrant. A warrant allows the government to enter property to search the property, and …show more content…
An easement allows another person to be present on the property without having a right to exclusion. The individual may be present on the property but does not have the right to exclude others from being on the property (Mossman & Girard, 2014). One common example is an access easement. If there are two properties that share a common driveway, but the driveway is owned by one of the property owners, that property owner can grant the other an easement to allow that person access to their property. Similarly, there are easements on properties for utilities access. Because individuals typically want to have electricity and running water on their property, they allow public utilities easements so that they can be present on the property to maintain the different utility lines. Sometimes, property owners can sell easements (for example, to a city) if they have property that would benefit the public, but they do not want to sell the property …show more content…
The right to alienate refers to an individual’s ability to choose when and to who they wish to sell their property. There are some constitutional restrictions on the right to alienation. For example, the federal Fair Housing Act of 1968 and Amendments of 1988 prohibits individuals to discriminate against specific property buyers based on race, national origin, gender, and other protected categories (Stewart, n.d.). Similarly, the Constitution also provides for eminent domain. Eminent domain allows a government to force a property owner to sell property to benefit society. There have been many controversial cases regarding eminent domain, where the purchase of property does not occur for a public benefit but rather homeowners are required to sell property to a private entity that will create an ostensibly publicly beneficial
The Land Reform Act of 1967 permitted the state of Hawaii to redistribute land by condemning and acquiring private property from landlords (the lessors) in order to sell it to another private owner, in this case, their tenants (the lessees). The Hawaii State Legislature passed the Land Reform Act after discovering that nearly forty-seven percent (47%) of the state was owned by only seventy-two (72) private land owners. That meant that only forty-nine percent of Hawaii was owned by the State and Federal Govermnet.The contested statute gave lessees of single family homes the right to invoke the government's power of eminent domain to purchase the property that they leased, even if the landowner objected. The challengers of the statue (the land owners) claimed that such a condemnation was not a taking for public use because the property, once condemned by the state, was promptly turned over to the lessee (a private ...
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. A warrant, a legal paper authorizing a search, cannot be issued unless there is a reasonable cause. Courts have rules that a warrant is not required in every case. In emergencies such as hot pursuit, public safety, danger of loss of evidence, and permission of the suspect, police officers do not need a warrant to search a person’s property (Background Essay). In the case of DLK, federal agents believed DLK was growing marijuana in his home. Artificial heat intensive lights are used to grow the marijuana indoors (Doc B). Agents scanned DLK’s home with a thermal imager. Based on the scan and other information, a judge issued
The 4th Amendment is the right of the people to be secure in their persons, houses, papers, and effects,
A warrantless search voids the constitutional right of the citizen hence, all the evidence obtained will be evicted by the court of law. While the statement holds true, there are situation where a officer of the law does not require a warrant. "Plane view exception", "Consent", and "Search Incident to Lawful Arrest" are three out of the six exception to the warrant requirement (NPC, Exceptions to the Warrant Requirement). One of the case where the judge ruled out in favor of the defendant for warrantless search is the case of "Rodriguez v. Unites States." The foundation of the case was based upon the timing from when the ticket was issued for a traffic violation to when the dog was called to sniff the car (Constitution Daily, Rodriguez v. United States). While the officer claimed the delay was caused by waiting on the backup, the exception does not fall under the
Fundamentally its object is to protect a person in actual occupation of land from having his rights lost in the welter of registration. He can stay there and do nothing. Yet he will be protected. No one can buy the land over his head and thereby take away or diminish his rights. It is up to every purchaser before he buys to make inquiry on the premises. If he fails to do so, it is at his own risk. He must take subject to whatever rights the occupier may have.
Assessment of the Statement that Property is a Power Relationship Between People Property is the right to possess, enjoy or use a determinant thing, and includes the right of excluding others from doing the same. The concept of ownership or property has no single or widely accepted definition. Like any other concept it has great weight in public discourse and the popular usage varies broadly. Property is frequently conceived as a 'bundle of rights and obligations.' Property is stressed as not a relationship between people and things, but a relationship between people with regard to things.
apartments in certain areas of a city. The goal is usually to protect the rights
This action applies to conduct by government officials such as police, firemen, or an individual hired as a private actor by the government. After the first criterion has been met, the court must determine whether a search or seizure has occurred. A search is defined as the physical or technological invasion of an area deemed by the majority of the court to have a reasonable expectation of privacy. These places could be homes or a closed telephone booth, depending on the circumstances of the incident. A seizure occurs when the government takes one's personal belongings or the individual themselves.
Upon hearing the case, the Supreme Court argues that the special protections accorded by the fourth amendment do not extend to open fields. “Open fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance.” The court refers to the case of Hester v. United States (1924) which set the precedent for “open field cases” and interprets that case to imply that “an individual may not legitimately demand privacy for activities conducted out of doors in fields, except in the area immediately surrounding the home.” The patch of marijuana being no where near the Oliver home, and in an open field, regardless of its visibility from public access, left the court affirming Oliver v. United States, and reversing the case of Thornton v. Maine, and in essence reaffirming that
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” –U.S. Constitutional Amendments
A freehold covenant is a promise or an obligation made by a land owner to another regarding the use of the land. It is a type of contract within the doctrine of privity and usually the rights and obligations it creates normally bind those that are contracted to it and no one else. A covenant is usually made by deed. A “restrictive covenant” to which the doctrine of (Tulk v Moxhay)1 applies does not need to be created by a deed; it can include “a mere agreement and no covenant”. They are used to preserve some rights of enjoyment or to keep a building or a particular group of buildings to be preserved and kept in a particular way, for example, no erected satellite dishes or fences around the front of the building.
modern law, they have a variety of items, including intoxicating liquors, gambling implements, counterfeiters' tools, burglars' tools, smuggled goods, obscene literature, narcotics, illegal firearms and any article the possession of which is a crime or which may be used in evidence. (Encarta Online) The warrant must specify the place where the search is to be made and the property to be seized. An officer cannot get a warrant from a judge in any circumstance. (Grolier Encyclopedia) The officer may have to give a reasonable cause. As ruled in the case of Illinois v. Gates in 1983, ?to establish probable cause, one must show a probability of criminal activity; a prima facie hearing is not required.? (Illinois v. Gates) The accused has the right to fight the grounds when the war...
A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.
One of the special concepts in land law is of overriding interests. The standard practice in the English land law is all the interest and rights affecting or is binding over particular a land should be registered in the Register. However, the concept of overriding interest denotes that there are interests which are binding on the owner (the registered proprietor) regardless of not being formally registered. It was introduced because in that era it was though that it would be unreasonable and unjust to overlook such rights and interest enjoyed. Overriding interests need not be registration to bind the legal owner of the land. Therefore, if the land is sold to another person the interests and rights would not be lost. It can be said that overriding by nature are unregistered if they are registered they will cease to be an overriding interest.