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Property
Random things I needed to memorize (estates not included)
32
Law
Post-Graduate
12/05/2011

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Cards

Term
Gifts require
Definition
Intent, delivery, and acceptance.
Term
Types of delivery (gift)
Definition
Actual, constructive, symbolic
Term
Patents
Definition
Federal, Right to Exclude, last for 20 years. Alienable. Must be new, useful, non-obvious and not naturally occuring
Term
Copyright
Definition
Federal and State, Last 75 years. Exclusive and inclusive rights. Alienable
Term
Trademark
Definition
Federal and State. No expiration. Exclusive and inclusive rights. Alienable. Protects producer and consumer.
Term
Adverse Possession Must be:
Definition
Entry, open and notorious, continuous, adverse and under claim of right.
Term
Tenancy in Common (TC)
Definition
Each tenant has equal rights to the whole, regardless of the size of interest.
Requires unity of possession only
Default concurrent estate.
Term
Joint Tenancy
Definition
Same as TC except adds Right of Survivorship.
Required P.I.T.T.
Must be created with intent.
Term
Sever a Joint Tenancy
Definition
Transfer inter-vivos. Converts transfered part to a TC. If there are two or more joint tenants left they still have a JT
Term
Mortgage interest in the JT
Definition
Lein Theory (majority)-Mortgage is only a lein and does not sever.
Title Theory(minority)-Mortgage transfers title breaking unity of possession and severing the JT.
Term
Tenancy by the Entirety
Definition
Like a JT but cannot be alienated without permission.
Requires unity of marriage.
Severed by divorce.
Term
Elements of Covenants (restrictive)
Definition
Statute of Frauds (written)
Intent to Run
Touch and Concern the Land
Notice (actual or constructive)
Term
Elements of Equitable Servitude
Definition
Writing
Touch and Concern
Intent to Run
Notice
Term
Easements created by:
Definition
Grant (bought)
Implication
Prescription
Estoppel
Term
Easement by Prescription
Definition
open
continuous
peaceable
adverse (under claim of right)
Term
Easement by Estoppel
Definition
Servient party must have been given a right (can be constructive) that they have come to rely on.
Term
easement by Implication
Definition
Must have started as one piece.
There must have been a quasi-easement
It must be necessary
(If the owner gains the benefit it is called a reservation, else a grant.)
Term
Misuse of easement
Definition
Expansion, sucha as adding burden beyond what was originally intended. Normal expansion is ok.
Term
Moving an Easement
Definition
Can be done with permission.
Servient tenant can move it unilaterally if it does not cause undue burden to the dominant.
Term
Covenants are intended to...
Definition
Help a neighborhood manage itself efficiently and to avoid conflict.
Term
Easement Types
Definition
Appurtenant - Rights to neighbors. Stays with the land. Is necessary for use of the land.
En Grosse - Right to another to use the land. Normally not alienable but cause it is hard to record and prove, though some are recorded at purchase so it is possible to alienate sometimes.
Both subject to statute of frauds
Term
Landlord Duties/Privileges
Definition
Reversion
Right to Rent
Duty to give posession
Duty not to Oust
Warranty of Habitation
Covenant of Quiet Enjoyment
Term
Warranty of Habitation
Definition
LL must maintain the property such that it is suitable for residential use. Cannot be waived.

Tenant must give notice and can then withhold rent, fix the defect and deduct the cost and generally defend against eviction.
Term
Covenant of Quiet Enjoyment Breached when...
Definition
The landlord or someone with superior title disrupts the possession of the tenant. Can be an actual or constructive eviction. Constructive eviction requires a substantial interference, notice and vacation of the leasehold.
Term
Types of Tenancy
Definition
Term of Years
Periodic
Tenancy at Will
Tenancy at Sufferance
Term
Term of Years Tenancy
Definition
Fixed period term.
Over at the end of the term.
Term
Periodic Tenancy
Definition
Automatically continues for set terms until someone cancels it.
Notice needs to be before the last period. (Up to 6 months)
Term
Tenancy at will
Definition
Can be terminated at any point by any party. Tenant does get a reasonable amount of time to get out.
Term
Tenancy at Sufferance
Definition
While the tenant is holding over after the end of her lease.
If the landlord accepts a payment it is a new lease.
Term
To evict a tenant a landlord can use...
Definition
Summary Proceedings. Faster than a suit. Legal alternative to self-help.
Term
An easement that allows one to go on another's land and remove resourced is...
Definition
a profit.
Term
A revocable right to use someone's property (The cable guy..) is a...
Definition
a license
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