Also known as: ius rerum · law of property
Written by attorneys · grounded in primary & secondary sources — see below
The body of law that governs rights, privileges, powers, and immunities in tangible things, especially land and other property interests under the law of property.
The City of Lakeview orally allowed GreenRoots to occupy and improve a vacant lot indefinitely by building raised beds. GreenRoots invested substantial funds and labor in permanent fixtures on the parcel. When the city later sought to lease the lot, the court applied the law of things to classify the arrangement as an interest in land subject to the statute of frauds.
State officials condemned a privately owned bridge to build a public highway. The bridge company claimed the taking exceeded the state's power over property. Under the law of things the court measured the owner's interest in the structure and required just compensation for the appropriation.
Select any source to read its text and confirm it supports the definition.
Oklahoma banned the interstate shipment of minnows taken from its waters. A commercial dealer challenged the restriction as an improper burden on commerce. The law of things supplied the framework for determining whether the state's interest in its natural resources justified the regulation.
Illinois set maximum rates for grain storage at privately owned elevators. Owners argued the limits deprived them of property without due process. The law of things guided the analysis of whether the regulated business constituted a public interest subject to state price controls.
South Carolina prohibited construction on beachfront lots to protect dunes. Lucas, who had purchased two parcels before the ban, claimed a total taking of his property. The law of things defined the owner's bundle of rights and determined whether the regulation eliminated all economically beneficial use.
Reste Realty leased commercial space to Cooper with an oral assurance that the roof would remain watertight. Persistent leaks rendered the premises unusable. The law of things treated the lease as an interest in land and supplied the remedies available when the landlord failed to maintain the property.
An interest in land includes any right, privilege, power, or immunity recognized under property law that is not a sale of goods. When parties orally grant a continuing right to occupy or improve a specific parcel, the law of things classifies that grant as an interest in land subject to the statute of frauds writing requirement.
Supporting sources
The law of things directs courts to apply the law of the state with the most significant relationship to the land and the parties. For immovables the situs state ordinarily supplies the governing rules, including its choice-of-law principles, so that the forum reaches the same result a situs court would reach.
Supporting sources
A right to occupy and improve a defined parcel on an ongoing basis qualifies as an interest in land under the law of things. The classification turns on whether the arrangement confers a property right recognized by the law of property rather than a mere personal privilege revocable at will.
Supporting sources
…has instead relied on the principle that some property interests are necessarily limited by background principles of the State's law of property and nuisance. Regulations that do no more than duplicate the result that could have been achieved under those principles do not deprive the owner of any "property" interest. Pp.…