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70 Cards in this Set
- Front
- Back
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Real property is [blank] property and includes:
1. 2. 3. |
Immovable property
1. Land 2. Things fixed to land 3. things incidental or appurtenant to land |
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Personal property is [blank] property and includes ...
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movable property
includes every kind of property that is not real property |
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Fructus Naturalis are:
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crops that grow spontaneously on the land
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Fructus industriales are:
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crops that are the result of cultivation
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Title to fructus naturalis...
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passes with the land
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Fructus naturalis are what kind of property
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Real property
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Fructus industriales are what kind of property
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Personalty (personal property)
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Does a conveyance of land include annual crops? Is there an exception?
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Generally yes.
Exception: unless reservation in the deed or provision in the will. Also: contrary intent may be shown to defeat conveyance of annual crops |
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How do we deal with competing mortgages of crops and land?
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First in time, first in right
Prior mortgage for land prevails over later mortgage of crops, prior mortgage of crops prevails over later mortgage of land |
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What is "emblements?
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Well-established right of a former tenant (or personal representative) to enter upon property to cultivate, harvest, or remove crops planted by her prior to the termination of her estate.
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When does the right of emblements exist?
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Two requirements fulfilled:
1. Tenancy was for an uncertain duration (life estate or tenancy at will) 2. Tenancy terminated without fault on the part of the tenant. |
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I've annexed my chattel to real property, what happens?
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It becomes a fixture. It becomes an accessory to the land and passes with the ownership of the land.
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Where do I look for more information on fixtures?
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Real property outline!
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There's this thing which can be owned, but is not presently owned. How does someone come to own it?
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Whoever acquires actual or constructive DOMINION and CONTROL over it and has the INTENT to assert ownership over it.
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Are wild animals in their natural state owned?
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No, wild animals in their natural state are unowned.
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When are wild animals in their natural state owned?
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When they are reduced to possession.
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How do I acquire title to a wild animal?
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1. Possession - the first person to exercise dominion and control over such an animal becomes, with possession, the owner of the animal
2. Constructive Possession - Animals caught in a net or trap belong to the one who owns and has set the trap or net. By setting trap/net, one is said to CONSTRUCTIVELY possess those animals snared. 3. MERE PURSUIT - not enough, but MORTALLY WOUNDED so that actual possession = inevitable, a VESTED property right accrues that cannot be divested by another's act in intervening and killing the animal |
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I've trespassed onto someone else's land, and captured a wild animal. What now?
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Forfeits title to the landowner.
This prevents the act of trespassing from benefitting the trespasser. |
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Why does a trespasser forfeit his right to captured wild animals?
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Prevents the act of trespassing from benefitting the trespasser.
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I didn't have a hunting license when I exercised dominion and control over a wild animal in its natural state. Is this a problem?
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Yes - if you violate the law, you forfeit your title in animals caught.
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I had a wild animal, but it escaped. Do I still have ownership of that animal?
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No - a wild animal that has escaped and resumed its natural liberty becomes UNOWNED and the first person thereafter to capture it becomes the new owner
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My wild animal has escaped, but it keeps returning to my house, is it unowned?
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A habit of return means that title is not lost - still owned by owner.
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My wild animal is endeavoring to escape, but I'm still pursuing it. Is it unowned?
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No - the fact of continued pursuit means that title is not lost - it is still owned by the owner.
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I've captured a mink and branded it. It escaped. Have I lost title?
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Modern courts say no - as long as the animal is MARKED and the owner exercises all possible EFFORT TO RECAPTURE the animal
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When does the author of a book have property rights in work?
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1) Concrete Form; 2) New Work; 3) Fixed in tangible medium
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What is extent of copyright protection for a known author
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Lifetime + 70 years
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What is extent of copyright protection for an unknown author
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95 years from publication or 120 years from creation, whichever expires first
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What's a necessary precondition to enforcing copyright?
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Proper registration at copyright office.
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Now I've registered my copyright, what works can I take action against?
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Any infringing work, even if created before registration.
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What happens if I don't register my copyright?
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Recovery limited to contract and quasi-contract - ex. Recovery as implied contract for misappropriation of sketched ideas for movie
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Can I enforce my copyright against anyone?
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No, not good against any individual who INDEPENDENTLY CREATES the identical or similar work
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Are letters literary works? Who owns the copyright if so?
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Yes - the author owns the copyright to the words, the recipient owns the actual letter
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Are there rights in an idea?
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No coppyrigth in an idea, but there is a property right in an idea that is original, concrete and useful and is disclosed in circumstances that support the idea that COMPENSATION IS CONTEMPLATED if the idea is accepted and used.
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Does tortious conversion pass title?
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No, does not deprive true owner of title.
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Can I pass title if I don't have title myself?
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No, with 3 exceptions - 1) Money and negotiable instruments; 2) Onwer intended to transfer title; 3) Owner represented that possessor had authority to sell
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I steal a bank note, then sell it to you, do you have good title?
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If you are a bona fide purchaser, title passes to you
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I fraudulently induce the owner to transfer title to me, then I sell title to you, do you have good title?
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Yes, if you are a bona fide purchaser - you retain the goods against the original owner because the owner INTENDED to transfer title.
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Owner delivers goods to a retailer of similar items, even though retailer doesn't have title, can he transfer title to you
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Yes - owner represented that possessor had authority to sell
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Who has the burden of proving good title?
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The party attempting to divest another of personal property
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What is lost property?
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Property that the owner has ACCIDENTALLY AND INVOLUNTARILY parted with and doesn't know where it is.
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What's the key factor to look at WRT lost property
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Where it is found - would a reasonable person conclude that the person had accidentally and involuntarily parted with it and does not know where to find it
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A wristwatch is found on the floor in a public place - Lost?
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Yes - likely lost, one wouldn’t purposefully put a wristwatch on the floor in a public place
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What is mislaid property
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Property that - judging from place found - was intentially placed there, then forgotten
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Briefcase found on countertop - lost?
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No, mislaid. Judging from where found, likely that owner placed item there, then forgot
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What is abandoned property?
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Property that owner has voluntarily relinquished all ownership of w/o reference to any particular person or purpose
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What do I need to show to prove abandoned property
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Intent to give up both TITLE and POSSESSION
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How is abandoned property different than lost property
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If owner involuntarily parts with possession of property, should be considered lost or mislaid. If voluntarily parts with possession - abandoned
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Who can obtain title to abandoned property
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Anyone who can reduce it to possession
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What do I need to show to prove title over abandoned property
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1) Actual or constructive dominion and control over the thing; 2) An intent to assert ownership over it
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What is escheat
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When abandoned property's ownership goes back to the state
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What's the general rule for lost/mislaid property
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Finder entitled to possession except agaisnt true owner
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Boy finds sock and throws it about among friends - is he entitled to possess the coins w/in sock?
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No - not enough intent to assert control over sock
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I mark a wrecked ship with bouys, is that enough to establish dominion and control so I can exclude all others from lost property?
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No - not enough exertion of control or dominion over wreck
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What are the exceptions to the general rule that finder has right of possession against everyone but true owner?
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1) Trespasser - never wins; 2) Highly private locus; 3) Employer-employee; 4) Buried articles
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I'm trespassing on your land and find a lost wristwatch - what now?
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Owner of the land has the right of possession, not the trespasser
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I find a wristwatch in your house, finders keepers?
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No, it's a highly private locus - my house, so I get possession
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I find a wristwatch in the courtyard of a privately owned hotel, finders keepers?
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Yes - despite privately owned, locus is open to public, so not highly private locus
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I'm on the job and find a wristwatch, finders keepers?
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Not necessarily, some authority says employer has right of possession
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I find a buried treasure on your property, can I keep it?
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No, owner of real property is said to have constructive possession of everything buried on it.
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What about mislaid property, finders keepers?
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No, owners of locus in quo becomes entitled to possession - rationale - mislaid property was intentionally placed there, so owner will return to find it.
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What rights/responsibilities do a possessor of lost or mislaid property get?
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1. Possessor as quasi-bailee
2. Duty to find owner 3. Duty of due care |
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What does it mean that the possessor of lost/mislaid property is a possessor as quasi bailee?
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His title is good as against everyone except true owner, even to the point of suing someone for the return of the of the property if wrongfully taken from him.
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Possessor of lost/mislaid property has duty to find owner, what does that mean?
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If possessor of lost/mislaid property knows or have reasonable means of discovering who the true owner is, must do so, or be guilty of larceny and possibly held liable in tort for conversion
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Possessor of lost/mislaid property has duty of due care, what does that mean?
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Possessor must keep the goods with due care, considering that he is a gratuitous bailee and considering the nature of the goods.
Failure to adhere to this standard may make him liable in negligence. |
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What is the extent of the obligations of possessor of lost/mislaid property?
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Obligations persist until sufficient time has passed for true owner to be deemed to have abandoned property.
Depends on character of goods, nature of case. Or until statute of limitations has run |
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What is the statute of limitations in KS for lost/mislaid property?
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KS has adopted the uniform unclaimed property act, so 5 years
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How does a possessor of lost/mislaid property acquire title?
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After property deemed abandoned or SOL has run, possessor becomes new owner fo the goods
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What's a treasure trove?
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Any gold or silver in coin, plate or bullion found concealed - owner unknown.
Includes paper representations of gold & silver. |
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Who's the owner of a found treasure trove - original view?
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Finder as against anyone except true owner. Trespassers don't lose in treasure trove cases?
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Who's the owner of a found treasure trove - modern view?
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Apply other mislaid/lost property rules (trespassers lose)
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