Property

Front 1

Requirements for Bailment

Back 1

1. possession of the property
2. consent of the bailee
3. bailee's knowledge that article is present

Front 2

Bailee's Duty of Care

Back 2

as insurer-high duty
for hire-reasonable care
mutual benefit-reasonable care
gratutitous- not liable unless gross neglect

Front 3

types of found property(4)

Back 3

abandoned property
lost property
mislaid property
treasure trove

Front 4

abandoned property

Back 4

owner no longer wants to possess it and voluntarily relinquishes the property
lost property can become abandoned if no hope of getting it back

Front 5

lost property

Back 5

owner unintentionally and involuntarily parts w/possesion and does not know where it is

Front 6

mislaid property

Back 6

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

Front 7

treasure trove

Back 7

element of antiquity such that the owner is propbalby dead or undiscoverable

Front 8

Actions to recover possession (3)

Back 8

trover
replevin
ejectment

Front 9

trover

Back 9

cause of action seeking damages for conversion

Front 10

replevin

Back 10

seeking specific recovery of the converted property itself + damages for lost possession + damages to the property

Front 11

ejectment

Back 11

againt anyone wrongly possessing your land
P must prove that D is wrongful possessor and that she has right to possession

Front 12

Adverse Possession

Back 12

hostile and adverse
continuous and uninterrupted
open and notorious
actual and exclusive

Front 13

prescriptive easement

Back 13

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

Front 14

Good Faith Improver

Back 14

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

Front 15

Future interests held in 3rd person (7)

Back 15

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

Front 16

remainder absolutely vested

Back 16

must be born and ID NOT subj to condition precedent beyond nat'l termination of prior estate

Front 17

A to B for life then to C and her heirs
What does C have?

Back 17

remainder absolutely vested

Front 18

vested reaminders subj to partial divestment

Back 18

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

Front 19

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?

Back 19

vested remainder subject to partial divestiment if B has other children after A's death

Front 20

remainders subj to complete divestment

Back 20

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

Front 21

O to A for life then to B for life then to C but if B sells liquor on property then to D

Back 21

C=vested remainder subj complete divestment if B sells liquor which would occur prior to C's interest becoming possessory

Front 22

Contingent Remainder

Back 22

NOT certain to become possessory
created in favor of an unascertained person or subj to condition precedent prior to becoming possessory

Front 23

alternative contingent remainder

Back 23

each follow the same estate and when their conditions precedent are opposite of each other

Front 24

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

Back 24

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

Front 25

shifting executory interest

Back 25

cuts short or terminates a preceding estate in favor of another grantee

Front 26

O to A for life but if A becomes bankrupt then to B and his heirs

Back 26

B=shifting executory interest

Front 27

springing executory interest

Back 27

estate created to being in the future and cuts short or terminates a reversion held by grantor

Front 28

O to A for life and one year after A's death to B and his heirs
B?

Back 28

B=springing executory interest in fee simple absolute that cuts short or terminates O's reversion one year after A's death