Property 1 Fall Flash Cards

Front 1

WHAT IS LOCKE'S LABOR THEORY

Back 1

When you mix labor with something unownked you own the result

Ex. not trespassing and finding a seashell

Front 2

Bundle of sticks?

Back 2

Possess, Exclude, Alter, Transfer, Destroy
(taped)

Front 3

Methods of Acquiring property

Back 3

Purchase, Create, Capture, Discovery, Subsequent possession (Find, Adverse Possession, Gift)

Front 4

Creation- three main types

Back 4

1. trademark
2. Copyright
3. Patent

Front 5

1975 O OWNS AND POSSESSES 100 ACRES. • 1994 A ADVERSELY POSSESSES 40 ACRES UNDER INVALID DEED FROM Z FOR FULL 100 ACRES. – A occupies and improves the back 40 • After wait prescribed by law, A SUES TO EVICT O, claiming title by constructive adverse possession. What result? –

Back 5

– A can only claim the back 40—the portion he occupied. O is in possession—has “constructve possession”. A’s entry under color of title does not give him title to the whole.

Front 6

O OWNS AND POSSESSES 100 ACRES BEGINNING IN 1975 UNDER AN INVALID DEED. • 1994 A ADVERSELY POSSESSES 40 ACRES UNDER INVALID DEED FOR 100 ACRES. • AJer wait prescribed by law, A SUES TO EVICT O, claiming =tle by construc=ve adverse possession. What result? –

Back 6

Same. A can only claim the back 40—the por=on he occupied. O is in possession—has “construc=ve possession” s=ll. A’s entry under color of =tle does not give him =tle to the whole.

Front 7

2, p. 135, part 1 • LOTS 1 AND 2 ARE OWNED BY X AND Y, respectively, WHO ARE NOT IN POSSESSION. • Z CONVEYS 1 AND 2 TO A BY AN INVALID DEED. • A ADVERSELY POSSESSES LOT 1. • A SUES X AND Y TO QUIET TITLE. Result?

Back 7

A wins against X (Lot 1) but not Y (Lot 2)—must Possess Problem

Front 8

2, p. 135, part 2 • LOTS 1 AND 2 ARE OWNED BY X AND Y, respectively, WHO ARE NOT IN POSSESSION. • X CONVEYS 1 AND 2 TO A BY AN INVALID DEED. • A ADVERSELY POSSESSES LOT 1. • A SUES X AND Y TO QUIET TITLE. Result?

Back 8

– A owns Lot 1 outright, no claim to Lot 2. Never entered. Problem

Front 9

2, p. 135, part 3 • LOTS 1 AND 2 ARE OWNED BY X AND Y, respectively, WHO ARE NOT IN POSSESSION. • X CONVEYS 1 AND 2 TO A BY AN INVALID DEED. • A ADVERSELY POSSESSES LOT 2. • A SUES X AND Y TO QUIET TITLE

Back 9

A owns Lot 1 outright despite not entering – A owns Lot 2 by construc(ve adverse possession under color tilte. Problem

Front 10

1, p. 148, part 1 • 2000: A enters O’s land. • 2007: B tells A to go, and A leaves B in possession. • 2010: Who owns the land? – O

Back 10

No privity between A and B. Clock starts in 2007 • Can O or A eject B? – Yes. O is owner and A is prior possessor. Problem

Front 11

1, p. 148, part 2 • 2000: A enters O’s land. • 2007: B tells A to go, and A leaves B in possession, but returns 6 months later, maybe with Rocko and Bugsy in tow, and retakes possession. • If O does nothing, does the 10 year statute run from: – 2010 (ten years from 2000) – 2010 + 6 months – 2017 (ten years from 2010 + 6 months) – Why?

Back 11

A did not abandon, just leJ under threat of force, so he just loses the 6 Months Problem

Front 12

, p. 149, part 3 • 2000: A enters O’s land. • 2007: A abandons and B takes possession. • 2010: who owns if B does nothing? B or O?

Back 12

S=nks for B, not O. O wins because no privity.

Front 13

2, p. 149 • 1994 A enters O’s Blackacre adversely. • 1995 O dies, leaving land to B for life, remainder to C. (What’s this?) • 2010: B dies without ever having taken possession. Who owns? WHAT CAN C DO?

Back 13

– A owns Blackacre. The entry is against O. Once there is entry, adverse possession begins and it is not defeated or interrupted by subsequent transfers by the owner, whether by conveyance or by will or by intestacy
2, p. 149 • What can C do? Three things… – Get B to boot A – Buy B’s life estate and eject. – As we’ll see, C can sue B for waste. Problem

Front 14

3, page 149 • O dies in 1995 leaving land to B for life, remainder to C. • 1996 A begins adverse possession. • 2010 B dies. Who owns the land?

Back 14

C. Unlike the last , in this one A enters after O has devised a life estate to B, remainder to C. The entry is against B not O. The statute begins to run against B in 1996 and will not begin to run against C un=l B dies in 2010, because un=l that =me C has no right of possession. RELATION-­‐BACK RULE • Remember: TITLE EARNED BY ADVERSE POSSESSION RELATES BACK TO THE TIME THAT THE ADVERSE POSSESSION BEGAN. • Runs against the party owning at that =mes: Disabili=es • When does the SOL start =cking. Don’t worry about year or the confusing statute

Front 15

1, p. 149 • 1984 O owns and is insane. • 1984: A enters adversely on May 1, 1984. • O dies insane and intestate in 2007. – What if O’s heir, H, is under no disability in 2007? What if O’s heir, H, is six years old in 2007?

Back 15

SOL doesn’t start un=l O’s death. Statute would not have run un=l 2017. H has ten years to take under the disability provision. –

Same result. H’s disability is disregarded because tacking isn’t possible here. Starts at O’s death. However, H can get guardian (or “next friend” here in Texas) to sue on his behalf. Problem

Front 16

, p. 149 • 1984: O owns under no disability. • 1984: A enters adversely on May 1, 1984. • O dies intestate in 2002. • O’s heir, H, is two years old in 2002.

Back 16

Statute starts at entry because entry starts against O who is under no disability and H’s disability is disregarded

Front 17

(1) X steals an an=que chair from his neighbor Y, and places it on Craigs-­‐ list. X sells the chair to an unknowing B for $150

Back 17

y owns chair. X had no title to transfer to B

Front 18

(1) X steals an an=que chair from his neighbor Y, and places it on Craigs-­‐ list. X sells the chair to an unknowing B for $150.

Back 18

Y owns chair. X had no title to transfer to B •

Front 19

) M purchases an historic table from O, and immediately sells the table to P for a nice profit. Unfortunately, M’s account is overdrawn and his check to O bounces

Back 19

P owns table – transfer despite the bounced check. O may have a cause of ac=on against M for damages •

Front 20

) D takes his Elizabethan bureau to a furniture store to be repaired. The salesperson at the store makes a mistake and sells the bureau to an interested customer, C.

Back 20

-­‐ C owns table. D entrusted bureau to furniture store under UCC defini=on. Store is a merchant under code so it was able to transfer good title to C, a good faith purchaser

Front 21

Ques=ons on Page 166-­‐167 •
Ques=on 1(¶1): Has O made a giJ? Can she rescind? – Yes. Requirement of delivery covered by leaving the ring. No, physical delivery at CL is irreversible. Intent and delivery don’t have a specified order

Back 21

Ques=on 1(¶2): O run down by car after supper – Ring is giJed. Giving it back for resizing makes O a bailee. A had no intent to give it back to O

Front 22

Ques=on 1(¶3): O promises to will ring to A

Back 22

No “inter vivos” giJ is made if O intends only a giJ at death. Such a promise, with no considera=on, estoppel or reliance, is unenforceable

Front 23

Ques=on 2: O gives B check. O dies before its cashed

Back 23

No giJ un=l check paid. Donor retains dominion and control of funds. Checks are revocable prior to payment. Death is the revoca=on here

Front 24

Ques=ons on Page 166-­‐167 • Ques=on 3: O gives wri=ng: “I give you my watch”

Back 24

CL: no delivery of something which could be delivered easily. 3rd Restatement might go the other way •

Front 25

Ques=on 4: Robert promises to give Joan everything in a safety deposit box when he dies. Result?

Back 25

Joan gets nothing. Inter vivos giJ is void if delivered only at death. – No physical delivery of items – Robert could have added or removed items. What did he actually give?

Front 26

Present possessory estate

Back 26

presently owned, may or may not be cut short by one or more future possessory estates

Front 27

future possessory estate

Back 27

estate which will take over possession of Pinkacre from the present possessory estate at some point in the future

Front 28

Fee simple absolute

Back 28

A and his heirs

Front 29

what does fee simple absolute requrie

Back 29

- present possession of pinkacre
- future possession of pinkacre until O expires
-O's hers are entitled to possession when O dies
-alienation is alowd without permission

Front 30

O conveys blackacre "to A for life, then to B forever." What estates do A and B have

Back 30

1600- A has a life estate, B has a remainder for life. No words of inhertance because in 1600 O owns after B
2012- B has remainder in fee simple and heirs own after B

Front 31

O conveys whiteacre to "A for life, remainder to the hers of B" B is alive at grant but dies soon after. C is B's heir. what's C get when A dies?

Back 31

"FSA" for C. magic words "heirs of B"
1600- if you didnt use those words- no FSA

Front 32

O conveys "to A and her heirs" A's only child, B is a spendthrift and runs up large unpaid bills. B's Creditors can attach B's Property to satisfy their claim. Does B have an interest in Greenacreas reachable by creditors

Back 32

No. Noone has identifiable heirs undtill death
"and his heirs" type of conveyance.
B is not an official heir until death of A
B has a mere expectance which isnt a legal interest

Front 33

Escheat?

Back 33

dying without heirs- goes to state

Front 34

Fee tail

Back 34

"and the heirs of his body"

Front 35

what does Fee tail require

Back 35

-present possession
-some future possession untill O's death
-when O dies only his children can inherit
-When O's child who inherited dies, his children are entitled to Blackacre
- O and lineal descendant of O and A may alienate Blackacre for their life only but upon death- passes to the next lineal descendant of O and A
"BOOMERANGS BACK NOT FREELY ALIENABLE"

Front 36

Life Estate:

Back 36

-O entitled to possession until death
-O entitled to future possession of Blackacre until death
-Somebody is granted possession of BA upon death of O prior to O's death(remainder men)
-O's heirs inherit nothing
- O may alienate only his life estate

Front 37

Life Estate vs. remaindermen

Back 37

Problem- How to split resources
Solution- Doctrine of wasts- balances the interests of the life tenant with the remaindermen. Prohibits life tenants from damaging or devaluing the land. Court balances competeing interests

Front 38

to c for life, then to X

Back 38

C= life estate
X= indefeasibly vested remainder in fee simple

Front 39

To D for 200 years

Back 39

some jurisdictions will limit this only to 99 years

Front 40

O- to E for life, then to z for life

Back 40

E= life estate
Z= vested remainder in a life estate
O's heirs= vested remainder in fee simple

Front 41

to F for life. F then conveys her interest to Google, Inc.

Back 41

Google gets a life estate PUR AUTRE VIE- life estate measured by the life of F. O retains reversion

Front 42

Defeasible estate

Back 42

- Fee Simple Determinable
- Fee simple subject to a condition Subsequent
-Fee simple Subject to an Executory Interest

Front 43

Fee Simple determinabl

Back 43

future limitation- never expires but continued possession of B/A is conditional.
- can be inherited
-Freely alienable

Front 44

Fee simple Subject to condition subsequent

Back 44

- present possession of blackacre
-future possession of blackacre until death
-eventual heirs entitled to possession of blackacre immediatly upon A's death
- All subject to a condition subsequent that, if broken allows the grantor, grantors heirs, to enter black acre and reclaim

Front 45

Fee simple determinable vs. fee simple subject to condition subsequent

Back 45

FSD words- until, while, so long as, during- doesnt mention re entry--- ENDS AUTOMATICALLY

FSSCS- magic words "but if"--- RIGHT TO RE-ENTER AND RETAKE POSSESSION

Front 46

Fee simple determinable--- O has a?

Back 46

Possibility of reverter

Front 47

Life estate, ends on its own--- O has a

Back 47

Reversion

Front 48

If present estate may end and O may retake-- O has a ?

Back 48

right of entry

Front 49

Fee simple subject to an executory interest?

Back 49

interest is diverted to third party- automatically terminates on condition to third party

Front 50

O - B and his hers so long as Pinkacre is used for residential purposes and if Pinkacre is not so used, it shall revert to O and his heirs. INTERESTS(O AND B's)

Back 50

B- Fee simple determinable
O- Possibility of Reverter

Front 51

O- "A and his heirs upon the condition that if A or A's successors cease to use Pinkacre for residential purposes, O or O's successors shall have the right to en-enter and possess Pinkacre

Back 51

A has a fee simple subject to a condition subsequent
O has a right of entry

Front 52

O- "B and his heirs but if B uses the property for commercial purposes, then to C and his heirs"

Back 52

B has a fee simple subject to an executory interest
C has an executory interest
O has nothing

Front 53

O to A for life, remainder to the heirs of O

Back 53

First A has life estate, O's heirs contingent remainder in fee simple
O= reversion
We apply the doctrine of worthier title so that
A has life estate, O has reversion

Front 54

To A, but if A starts smoking, then to C

Back 54

Fee simple Subject to exectutroy interest
C- exutory interest

Front 55

O- to A for life, then to B, but if A starts smoking, then to C.

Back 55

A- life estate
B- vested remainder in fee simple subject to divestment by the executory interest(shifting) in fee simple in "surviving kids".
C shifting executory interest

Front 56

O- to A for life, then to B, but if B starts smoking then to C

Back 56

A- life estate
B- vested remainder in fee simple subject to executory limitation
C- shifting exutory interest