‘Should Owner Motivation Limit the Exercise of Property Rights?’

Lee Anne Fennell, Owning Bad: Leverage and Spite in Property Law, in Civil Wrongs and Justice in Private Law (Paul B Miller and John Oberdiek, eds) (forthcoming Oxford University Press), available at SSRN. People sometimes exercise their property rights out of animus or an attempt to gain leverage over someone else. An owner may build a fence from which he gains no benefit because he maliciously wishes to block his neighbor’s view. Or a prospective seller may overstate the minimum price she would accept for a good in an effort to gain an advantage in the negotiations to follow. In the first case, the owner probably commits a civil wrong, while in the second case, the owner probably does not … (more)

[Gregory M Stein, JOTWELL, 20 March]

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