Introduction to Property Outline:Concept of property

B. What is property- Rights among people concerning things- You hold legally enforceable rights in things- “bundle of sticks” Kaiser Aetna v. U.S. 443 US 164.176. (1979)

1. the right to transfer2. the right to exclude3. the right to use4. the right to destroy

Property rights are defined by government. A person holds right to property only if the government recognizes it

Property rights are not absolute. Laws, government right of others can play a part Property rights can be divided. Cn be split among multiple owners Property rights can be fluid- evolving as laws change

1. Right to Transfer- - Alienability. Any owner may transfer or alienate any of her property to anyone.- Right to transfer can be limited by public policy. A person classified insane, may not

have the right to engage in a property transfer, or sell- Restrictions do apply. Ex. Indian lands can have issues of transfer- Transfer is vital to the economy

Case Brief:Johnson V. M’intosh. SCOTUS. 21. US (8 wheat.) 543 (1823)

P. H. /FactsΠ purchased title of lands from an Indian tribeThe same lands were also granted to ∆ by U.S. GovernmentΠ sued ∆ over title to land purchased from Indians.∆ won case in lower courtsπ appealed ruling

Issue:Can an Indian tribe legitimately transfer title to lands to a private individual, which the US government recognizes?

Rule:

Discovery and conquest of land give exclusive right of of occupancy, by clear title, and the power to extinguish the rights of the occupants (i.e. Indians)

Application.Since the government has absolute rights over concurred lands of Indians, they have the legal title to grant lands. The Indians claim to the title can not be recognized by the courts

Holding: Affirmed. The defendant is the rightful owner of lands granted by the US government

Notes: The chain of title concept is important. If two people have claim t the same property.

The person either the better chain of title will prevail