Property

Front 1

Water Rights

Back 1

Natural Flow Theory, Reasonable Use Theory, Prior Appropriation THeory

Front 2

Considerations of Reasonable Use Theory

Back 2

Purpose, suitability to lake, economic/social value, harm caused... also Need to Show "Actual Injury" to enforce

Front 3

3 Rules of Acquisition of Property

Back 3

Occupancy Rule, Accession Rule, Accretion Rule

Front 4

Accession Rule

Back 4

Things "affixed" to the land become part of the land

Front 5

Types of Bailments

Back 5

Gratuitous, Mutual Benefit, Bailee's Benefit, Implied, Unconscious, Involuntary

Front 6

Elements of Bona Fide Purchaser

Back 6

No record/actual/inquiry notice + good faith belief + valuable consideration

Front 7

Estoppel for BFP against O

Back 7

Misleading conduct by owner represents that possessor is actual owner + Justified Reliance by BFP

Front 8

Voidable Title

Back 8

BFP buys voidable title from thief who was actually fraud... BFP can then still sell good title to someone else

Front 9

3 Types of Notice

Back 9

Record Notice, Actual Notice, Inquiry Notice

Front 10

Reasons for Adverse Possession

Back 10

Reliance, Utility, Desert

Front 11

Elements of Adverse Possession

Back 11

Actual, Visible, Notorious, Exclusive, Hostile, Under a Claim of Right, Continuous for the the statutory time period

Front 12

When Accession Transfers Property

Back 12

Adds substantial value, no bad faith, "changes character of land significantly,"... Owner still gets value of principal/land before change

Front 13

Tolling of Adverse Possession of Chattels

Back 13

NJ Discovery Rule- won't run as long as owner uses "due diligence in looking"... NY Demand/Refusal Rule- doesn't run until owner makes Demand for Return that is refused

Front 14

Legal Remedies for Accession

Back 14

O gets compensation for value lost, or P gets unjust enrichment for O's gain

Front 15

Equitable Remedies for Accession

Back 15

O can pay for, convey the land, require removal (if negative)... P can remove improvement

Front 16

Problems with Title by Accession

Back 16

Valuation, Liquidity, Control

Front 17

Inter Vivos Gifts

Back 17

Donor intends irrevocable present transfer of ownership... Donor can hold onto life tenant rights but no longer owner

Front 18

Testamentary Gifts

Back 18

Revocable, subject to Statute of Frauds, not given legal effect until death

Front 19

Causa Mortis

Back 19

Revocable gift in contemplation of immediate death, donor needs to die

Front 20

Types of Vested Interests

Back 20

Indefeasible, Subject to Open Class, Subject to Condition Subsequent or Subject to Executory Limitation

Front 21

Prior to Statute of Uses

Back 21

Shifting/Springing legal interests VOID, shifting/springing equitable interests OK

Front 22

Types of Concurrent Interests

Back 22

Tenancy in Common, Joint Tenancy, Tenancy by Entireties

Front 23

Condominiums

Back 23

Each owns FS in space + undivided interest in common areas, but no 1 can change common areas or force partition

Front 24

"Caveat Emptor"

Back 24

T responsible to inspect, repair... still in play for commercial leases

Front 25

Requirements for Constructive Eviction

Back 25

L breaches expressly assumed duty that amounts to interference with T's possession, T actually leaves property

Front 26

Protected Classes of Fair Housing Act

Back 26

Familial, Gender, Race, Religion

Front 27

Exceptions to Fair Housing Act

Back 27

Single-family dwellings, room with apt with 4 units or less, Shared-living

Front 28

Places where Tort Liability exists for Landlord

Back 28

Common areas, during repairs, hidden defects known to L... But traditionally NOT for risks created within apartment b/c possession of T, but modern view imposing negligence if L created an unreasonable risk and foreseeable harm followed

Front 29

Why Warranty of Habitability?

Back 29

Modern urban tenants can't inspect, L in position to remedy/know about defects, Housing Codes not effectively enforced... Criticism is economic when housing shortages

Front 30

Equitable Servitudes

Back 30

Notice, Intent, Touch+Concern... Writing... Courts exercise discretion based on Changed circumstances + Hardships

Front 31

Implied Easements by Necessity

Back 31

Necessity must exist when original tract is divided... Nature of surrounding area

Front 32

Prescriptive Easements

Back 32

NO negative prescriptive easements... Open, notorious, adverse, under a claim of right, continuous... NO PERMISSION, unless later acts should put owner on notice of a claim of right

Front 33

Subrogation Theory

Back 33

T1 asserts L's rights against T2 for defaulting

Front 34

Express Easements

Back 34

Traditionally can't create for self or 3rd party... Scope = intentions of the parties, changing based on Rule of Reason... Defense = Estoppel, can balance the equities if grossly disproportionate hardships

Front 35

Implied Easement by Necessity

Back 35

Necessity must exist when original tract is divided, strict necessity... Easements goes dormant when necessity disappears but can come back if needed again

Front 36

Implied Easement by Apparent Existing Use

Back 36

Prior to when tract is divided, use exists that is necessary for enjoyment of the dominant part and intended to continue after the tract is divided... Less necessity needed for more apparent use... If necessity disappears STILL GOOD

Front 37

Prescriptive Easements

Back 37

Open, notorious, adverse, under claim of right, continuous, statutory period... Lost Grant theory... NO future need accomodated, NO negative prescriptive easements

Front 38

Types of Waste

Back 38

Affirmative, Permissive, Ameliorating (principal use is substantially changed, when grantor intended to pass the land for that use and it could reasonably be used for that use)

Front 39

Equitable Servitudes

Back 39

NO "affirmative covenants" by injunction... So no affirmative equitable servitudes?

Front 40

Takings

Back 40

Average reciprocity of benefit, total takings, investment-backed expectations, shifting social burdens to individuals, common-law nuisance

Front 41

Joint Tenancy 4 Unities

Back 41

Time, Title, Possession, Interest

Front 42

Jury determines how much rent due based on how much spiders took away value

Back 42

Rent Abatement

Front 43

Waiver Policy Arguments

Back 43

Lack of choice, Code Enforcement, Social costs vs. Paternalism, Effect on Housing Supply

Front 44

Types of Leases

Back 44

Tenancy for Years, Tenancy at Will, Periodic Tenancy

Front 45

Tenancy at Years

Back 45

Definite term in lease, no notice required to evict at end of term

Front 46

Tenancy at Will

Back 46

As long as desired by parties, CL was NO notice required, statutes sometimes require now

Front 47

Periodic Tenancy

Back 47

Series of periods, but either can temrinate with notice... L has option to evict or hold to the full new term if holdover

Front 48

Spencer's Case

Back 48

If subject-matter of covenant was not already in existence, covenant must expressly bind the promisor's assigns

Front 49

6 Factors in Lost/Mislaid Analysis

Back 49

Governing Statute, Public vs. Private, Agent vs. Non-Agent, Lost/Mislaid/Abandoned, De Facto vs. Constructive, Trespasser/Thief