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28 Cards in this Set

  • Front
  • Back
Requirements for Bailment
1. possession of the property
2. consent of the bailee
3. bailee's knowledge that article is present
Bailee's Duty of Care
as insurer-high duty
for hire-reasonable care
mutual benefit-reasonable care
gratutitous- not liable unless gross neglect
types of found property(4)
abandoned property
lost property
mislaid property
treasure trove
abandoned property
owner no longer wants to possess it and voluntarily relinquishes the property
lost property can become abandoned if no hope of getting it back
lost property
owner unintentionally and involuntarily parts w/possesion and does not know where it is
mislaid property
onwer voluntarily puts the property in certain place but then overlooks or forgets where it is
owner of the premises of where found is entitled to possession against all but true owner
treasure trove
element of antiquity such that the owner is propbalby dead or undiscoverable
Actions to recover possession (3)
cause of action seeking damages for conversion
seeking specific recovery of the converted property itself + damages for lost possession + damages to the property
againt anyone wrongly possessing your land
P must prove that D is wrongful possessor and that she has right to possession
Adverse Possession
hostile and adverse
continuous and uninterrupted
open and notorious
actual and exclusive
prescriptive easement
continuous but limited use of property
same elements as adverse possession if the easement is shown by a definite and certain line of travel for the entire statutory period
Good Faith Improver
mistakenly have improved property that they believed was theirs
-recover the value of the improvements from the land owner OR
-purchased the land minus the improvements made
Future interests held in 3rd person (7)
1. remainder absolutely vested
2. vested remainder subj to partial divestment
3. remainder subj to complete divestment
4. contingent remainder
5. alt. contingent remainder
6. shifing executory interest
7. springing exec. interest
remainder absolutely vested
must be born and ID NOT subj to condition precedent beyond nat'l termination of prior estate
A to B for life then to C and her heirs
What does C have?
remainder absolutely vested
vested reaminders subj to partial divestment
class gifts
remainderman in existnec and is ascertained but the amoutn of the estate is subj to diminution in favor of toehr memebers of remainderman's class
A to B for life, then to children of B in fee simple absolute. At the time of A's death B has one child C
What does C have?
vested remainder subject to partial divestiment if B has other children after A's death
remainders subj to complete divestment
NOT subject to condition precedent but his right of possession on the expiration of prior inters is subj to termiantion prior to becoming possessory by
1. executory interest
2. power of termination
O to A for life then to B for life then to C but if B sells liquor on property then to D
C=vested remainder subj complete divestment if B sells liquor which would occur prior to C's interest becoming possessory
Contingent Remainder
NOT certain to become possessory
created in favor of an unascertained person or subj to condition precedent prior to becoming possessory
alternative contingent remainder
each follow the same estate and when their conditions precedent are opposite of each other
O to A for life then to B if B has graduated form college, but if B has not graduated from college then to C
C=alternative remainder in fee simple
C's interest is alternative to B's interest and the same contingency will dictate the fate of each interest
shifting executory interest
cuts short or terminates a preceding estate in favor of another grantee
O to A for life but if A becomes bankrupt then to B and his heirs
B=shifting executory interest
springing executory interest
estate created to being in the future and cuts short or terminates a reversion held by grantor
O to A for life and one year after A's death to B and his heirs
B=springing executory interest in fee simple absolute that cuts short or terminates O's reversion one year after A's death