Property

Front 1

four unities required for join tenacy

Back 1

unity of time
unity of title
unity of interst
unity of possession

Front 2

How can found propoerty be characterized as

Back 2

lost, mislaid, abandoned

Front 3

five unitites required for tenancy by the entirety

Back 3

unity of time
unity of title
unity of interest
unity of possession
unity of person (husband and wife)

Front 4

lost property

Back 4

if a possessor involuntarily parts with property which the possessor can no longer find, the property is lost property

Front 5

trover

Back 5

action to recover the value of personal property wrongfully taken or retained by the defendant than than the thing itself

Front 6

replevin or detinue

Back 6

Actions to recover the possession of chattels wrongfully taken from the plaintiffs possession by the defendant.

Front 7

ejectment

Back 7

action to recover the possession of the plaintiff real property.

Front 8

five ways to acquire possession of a wild animal

Back 8

actual physical possession
mortal wounding
netting
custom
wild animal getting the habit of return to the owner

Front 9

Application of the law of capture to oil and gas

Back 9

oil and gas belong to the person who first extracts them from the earth

Front 10

for a finder to establish a property right he must

Back 10

1) take physical control over the object
2) have an intent to assume control over it.

Front 11

factors to take into determine if an object is lost or mislaid

Back 11

where it the property is found and under what condition the object is found are two important factors to determind if the proerty is lost or mislaid.
There must be inferences that the object is left there unintentionally.

Front 12

IF the property is found on another person' land, the finder is awarded the property under two condtions

Back 12

1) property is a lost property
2) finder is not a transpasser.

Front 13

lost property becomes the property of the finder under what condition

Back 13

statutory procedure to find the true owner is followed and the owner makes no claim.

Front 14

Mislaid property

Back 14

If a possessor voluntarily and intentionally lays down property in a place where the possessor can again reclaim it, but then forgets where it is, the property is mislaid property

Front 15

who does the mislaid property belong to when found?

Back 15

finder of the mislaid property acquires no rights to the property. The right of the possession of mislaid property belongs to th eowner of the premise upon which the property is found as against all person other than the true owner.

Front 16

abandoned property

Back 16

: where a possessor voluntarily relinquishes all rights to property with the intention of no longer claiming any interest in the property, the property is characterized as abandoned property

Front 17

who does the property belong to if it is abandoned property?

Back 17

abandoned property belongs to the finder of hte property against all others,including the former owner.

Front 18

treasure trove

Back 18

treasure trove was money, coin, gold, or silver that was found hidden in the earth or some private place whose owner was unknown

Front 19

embedded property

Back 19

If the object found is sufficiently embedded in the land, then the owner of the land is a prior possessor only if the owner of the land is also in possession of the land. fixture to the land belong to the owner of the land. Item must be sufficiently embedded.

Front 20

salvaged vessels

Back 20

three elements must be established in order to present a salvage claim. 1) a marine peril 2) rescue voluntarily rentered.(cannot be under legal duty to rescue) 3)success, either in whole or in party, of recovery of the imperiled property.

mere discovery does not vest ownership

Front 21

Inter vivos Gift

Back 21

ordinary gift made fro mon eliving person to another. It is irrevocable

Front 22

a gift is nullified under these circumstances

Back 22

1) a gift to take effect in the future is nullified (not valid)
2)if a conditon precedent must be fullfilled before the gift becomes effective, it is nullified

Front 23

for an inter vivos gift to be valid there must be..

Back 23

intent
delivery
acceptance

Front 24

methods of delivery

Back 24

manual delivery (physical)
constructive delivery (keys,)
symbolic delivery
delivery to a third person (depends on the status of the third person)

Front 25

causaa mortis gifts

Back 25

a gift made in comteplation of immediately approaching death.

Front 26

element of bailment

Back 26

delivery
transfer of possession
acceptance