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Definition
Fox hunting
Pursuit does not imply property |
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Mackeral
Need sufficient control |
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Definition
Fish stolen at night
Fish were under control |
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Decoy pond
Unfair competition |
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Definition
Whale case
Custom can be applied |
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Definition
House on 9% of land
AP - Significant invasion |
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Definition
AP - Not actual occupation |
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AP - Hostile just means non-permissive
dad lived on land for a while |
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Term
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Definition
AP - Discovery rule as applied to chattels
Laches should be used |
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Definition
AP - Discovery rule rejected
Matters when should have reported it |
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Term
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Definition
Gifts - Have to IDA it (not delivered |
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Term
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Definition
Delivery can be constructive |
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Term
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Definition
Gift - Delivery/acceptance can be constructive (painting) |
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Term
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Definition
RE Trans - Only had 1/3 of subsurface rights
No breach of quiet enjoyment |
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Term
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Definition
RE Trans- Deed in escrow is valid if submitted (P has to ensure escrow) |
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Term
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Definition
RE Trans - If two deeds made, second has to prove valuable consideration |
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Term
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Definition
Statute of Frauds - Signed sealed delivered |
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Term
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Definition
Statute of Frauds - Parole gift = gift |
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Term
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Definition
Licenses should be revocable whenever |
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Term
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Definition
Detrimental reliance has to be reasonable (train building) |
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Definition
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Term
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Definition
Land can be given on condition subsequent |
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Term
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Definition
If deed isn't well-written we look to intent |
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Term
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Definition
Not waste if surroundings are altered |
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Term
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Definition
Can be a nuisance if surroundings are altered |
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Term
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Definition
Can be a nuisance even with good cause (think about public benefit) |
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Term
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Definition
Says it's nuisance but really shouldn't be because only one person screwed |
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Term
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Definition
Can grant injunction based on permanent damages |
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Term
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Definition
If you move near nuisance, you have to pay to remove it |
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Term
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Definition
Have to follow the rules of easements |
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Term
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Definition
If you create your own problem it sucks to suck |
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Term
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Definition
Covenants can run with land if PrivityIntenttorunTouchesandconcerns fulfilled |
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Term
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Definition
Equity makes covenants work as intended (man sold garden that couldn't be changed) |
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Term
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Definition
Can zone for public purposes |
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Term
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Definition
Unclear how far too far is for a taking |
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Term
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Definition
Economic interests are not property rights |
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Term
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Definition
Public benefit outweighs private industry |
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Term
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Definition
Can ban immoral behavior for public benefit |
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Term
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Definition
Public purpose rules all, what gov says goes |
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Definition
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Term
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Definition
Modern confirmation of Berman/Midkiff |
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