Term
|
Definition
Set of relationships:
Rights, privileges, powers, immunities |
|
|
Term
| Acquisition by Discovery Cases |
|
Definition
|
|
Term
|
Definition
| The discovery or conquest of a given land gives a country the exclusive title to that land. |
|
|
Term
| Acquisition by Capture Cases |
|
Definition
Pierson v. Post
Ghen v. Rich
Keeble v. Hickeringill |
|
|
Term
|
Definition
Fox
Rule: property of animal is acquired in the occupancy of the animal. Custom was not upheld. |
|
|
Term
|
Definition
Whale
Rule: When all that is practicable is done to secure animal, it becomes the property of the hunter. Custom upheld to promote industry as well as give greatest benefit. |
|
|
Term
|
Definition
Ducks:
Rule: Where a violent or maicious act is done to a man's occupation, profession, or way of getting a livelihood, there an action lies. |
|
|
Term
| Acquisition by Creation Cases |
|
Definition
INS v. Associated Press
Cheney Brothers v. Doris Silk Corporation
Smith v. Chanel, Inc. |
|
|
Term
|
Definition
News is quasi property and the value diminishes with use therefor upheld right to exclusive dissemination.
Instrumental Ends: certainty, stability, fairness, etc. |
|
|
Term
| Cheney Brothers v. Doris Silk |
|
Definition
| Value of silk is not diminished. We want to promote competition. |
|
|
Term
|
Definition
| Copying serves public interest by offering comparable goods at lower prices. |
|
|
Term
|
Definition
Jaque v. Steenberg
State v. Shack |
|
|
Term
|
Definition
| Punative damages to encourage people to use the law and avoid self-help remedies |
|
|
Term
|
Definition
| Property rights serve human values |
|
|
Term
| Acquisition by find rules |
|
Definition
Finder Rule
Owner of locus Rule
Tresspasser Rule |
|
|
Term
|
Definition
| Finder has rights over all except true owner and prior possessors. |
|
|
Term
|
Definition
| Landowner possesses everything attached to or under his land. |
|
|
Term
|
Definition
(1) Armory v. Dlamirie- Jewel/sweep
(2) Bridges v. Hawkesworth- Money in shop
(3) Hannah v. Peel- brooch |
|
|
Term
|
Definition
| McAvoy v. Medina- wallet in barber shop |
|
|
Term
| Adverse Possession Elements |
|
Definition
1. Open and Notorious
2. Actual Entry
3. Hostile, adverse, or under a claim of right
4. Continuous
5. Exclusive |
|
|
Term
|
Definition
|
|
Term
|
Definition
Sidewalk encroachment,
Main v. Connecticut Doctrines |
|
|
Term
|
Definition
| Hostile intent is required |
|
|
Term
|
Definition
| Hostile intent is not requried; must act like true owner but mental state does not matter. |
|
|
Term
|
Definition
| In NY- without color of title, need cultivation and enclosure. |
|
|
Term
|
Definition
| Actual possession trumps constructive possession. Statute of limitations is shorter in some states with color of title. |
|
|
Term
|
Definition
American Rule- allowed if there is privity
English Rule: No privity is necessary: focus on owners sleeping on rights and scarcity of land. |
|
|
Term
|
Definition
| Summer home- used as true owner would. |
|
|
Term
| Disabilities and Adverse Possession |
|
Definition
Must be present when AP begins to postpone running of SOL
States have statutes for how long after; ex. 10 years. |
|
|
Term
|
Definition
| SOL does not begin until it is discovered who has the property. |
|
|
Term
| Acquisition by Gift elements |
|
Definition
1. Intent
2. Delivery
3. Acceptance |
|
|
Term
|
Definition
| Irrevocable transfer between living persons |
|
|
Term
|
Definition
Gift made in anticipation of death
May be revoked when:
Owner reserves control until death
some JX auomaticaly revocate when donor recovors
Can't be real estate. |
|
|
Term
|
Definition
| Gave bedroom furniture while on deathbed with intention of giving everything in house. Court held, must have given some sort of delivery for everything other than furniture in her bedroom. Intrumental approach. |
|
|
Term
|
Definition
| May reserve a life estate in an inter vivos gift of chattel as long as elements are satisfied. |
|
|
Term
|
Definition
| Follows fee simple determinable |
|
|
Term
|
Definition
| Follows fee simple on condition subsequent (not automatic) |
|
|
Term
|
Definition
| Follows fee simple on condition subsequent (not automatic) |
|
|
Term
|
Definition
| To a and heirs of his body |
|
|
Term
|
Definition
| Grantors interest in a life estate |
|
|
Term
|
Definition
| Third parties interest in a life estate |
|
|
Term
|
Definition
No condition precedent
Ascertained person |
|
|
Term
|
Definition
Unascertained person
or
Condition precedent |
|
|
Term
|
Definition
| "home to live in and not to be sold" Trial court held as life estate, appeals court gave fee simple. COURTS PREFER FEE SIMPLE |
|
|
Term
| Fee simple subject to an executory limitation |
|
Definition
Third party
1. Shifting (out of grantor's estate)
2. Springing (out of grantees estate) |
|
|
Term
| Mahren holz v. County board of School trustees |
|
Definition
| "this land to be used for school purposes only, otherwise to revert to Grantors herein" FSD CREATED. |
|
|
Term
|
Definition
Clause restricting use upheld on analysis of five factors:
1. Remedy
2. Buyers available
3. Uses of the lands
4. If it discourages improvement
5. Wether it will encourage charitable giving if upheld. |
|
|
Term
| Vested remainder subject to divestment |
|
Definition
| After words giving a vested itenerest, a clause is added divesting it. |
|
|
Term
| Vested Remainder subject to Open |
|
Definition
Vested reaminder in at least one ascertained person with possibility of more in class (partial divestment).
To A then to A's heirs. (one heir must be alive at time of grant) |
|
|
Term
|
Definition
Must vest, or fail to vest, within 21 years after death of validating life.
Applies only to :
1. Contingent Remainders
2. Executory Interests
3. Class Gifts |
|
|
Term
|
Definition
| Third parties interest cuts short the preceding estate (other than the natural end). |
|
|
Term
| Springing Executory Interest |
|
Definition
| Cuts short the grantor. Usually after a gap in possession. |
|
|
Term
| Shifting Executory Interest |
|
Definition
Divests transferee not grantor.
O to a as long as blackacre is used for farming then to b and his heirs. |
|
|
Term
|
Definition
Must be alive at time of conveyance.
Must necessarily be part of the conveyance. (but does not need to be mentioned) |
|
|
Term
|
Definition
Preferred.
Seperate but undivided interests.
Can mortgage or sell interest. |
|
|
Term
| Joint Tenancy with right of suvivorship |
|
Definition
Must share Time, title, interest, possession.
Each has an equal, undivided share with right to possession of the entire property.
Must be specified in conveyance (can't be inherited)
May transfer interest to self or other and destroy right of survivorship. Riddle v. Harmon |
|
|
Term
|
Definition
Same as joint tenancy but must convey property together and must be married.
Replaced in most states by Community Property. |
|
|
Term
|
Definition
If:
1. physical attributes of the land are such that a partition in kind is impracticable or ineequitable
2. and, interests of owners better promoted by sale. |
|
|
Term
|
Definition
Co-tenants demand for rent in warehouse.
Generally, co-tenants cannot be held liable to co-tenants for rent if they have the full right to use premises.
Exception: Ouster. |
|
|
Term
|
Definition
| The act of one tenant without the authority of the co-tenant cannot bind or prejudically affect the rights of that cotenant. A lease from one joint tenant is valid to the extent of his interest in the joint property. Can't sever joint tenenacy. |
|
|
Term
|
Definition
| specified end date but can be terminable upon the happening of some event or condition. |
|
|
Term
|
Definition
Month to month,etc.
Requires one period notice except for 1 year lease, 6months notice.
If no notice, automatically extends. |
|
|
Term
|
Definition
Enacted in 1968.
Cannot discriminate on basis of race, color religion, sex, handicap, familial status, or national origin. |
|
|
Term
|
Definition
1866
No racial descrimination |
|
|
Term
|
Definition
American Rule
Requirement of landlord to put tenant in LEGAL possession not actual possession.
English Rule
Requires landlord to put tenant in actual possession. |
|
|
Term
|
Definition
Modern rule is to govern according to intention rather than wording.
Sublease- anything less than entire period
Assignment- full period. |
|
|
Term
|
Definition
Traditional Majority Rule
May withhold arbitrarily
Modern Minority Rule
May withold consent for commercially reasonable objections.
Only applies to commercial leases. |
|
|
Term
|
Definition
| Modern Trend is that landlords must attempt to mitigate. |
|
|
