Property

Front 1

Accretion

Back 1

an increase by natural growth or addition

Front 2

Accession

Back 2

addition in value of property (addition of fixture sometimes)

Front 3

Natural flow doctrine

Back 3

Can't inhibit natural flow of water; focuses on domestic usage; can't go for non-riparian use; effective in agrarian society

Front 4

Reasonable use doctrine - restatement factors

Back 4

purpose of use
suitability of use to watercourse
economic value of the use
social value of the use
extent of harm caused
practicality of avoiding harm by adjusting use
practicality of adjusting quantity by each proprietor
protection of existing values of water uses, land, investment, and enterprises
justice of requiring user causing harm to bear the loss

Front 5

Riparian land defined three ways

Back 5

1. common source of title
2. common ownership
3. common ownership w/o restriction

Front 6

Consequence of misdelivery by bailee

Back 6

Conversion - strict liability tort

Front 7

Elements under adverse possession

Back 7

actual
visible
notorious
exclusive
under claim
hostile
continues for statutory period

Front 8

theories of private property

Back 8

occupation theory; natural rights theory; labor theory; legal theory; social utility theory; personhood theory; civic republicanism theory; economic justifications

Front 9

occupation theory

Back 9

belongs to he who first seizes it

Front 10

natural rights theory

Back 10

if you mix your labor with the land, you own it and it would be a denial of natural rights not to let you own it

Front 11

fixture

Back 11

begins as personal property, then becomes attached to land/building, but it's still recognizable, retains its identity, hybrid between real and personal property

Front 12

factors influencing whether something is a fixture

Back 12

1. expectations of the parties
2. degree of attachment
3. whether removal would cause damage
4. natural uses of the party what parties' likely intent was

Front 13

three rs of property ownership

Back 13

right to exclude third parties
right to use
right to transfer

Front 14

acquisition of property

Back 14

occupancy
accession
accretion
alienation
prescription
forfeiture
escheat

Front 15

rule of capture

Back 15

with wild animals and oil/gas, take what you can get w/o liability; some courts have said must be reasonable

Front 16

possession

Back 16

actual taking of property with intention to reduce it to property; physical control with intent to control

Front 17

mislaid property

Back 17

owner placed it somewhere deliberately and then accidentally left it there; locus owner/owner of premises entrusted to keep it for the original owner

Front 18

lost property

Back 18

owner parted with it unconsciously and involuntarily

Front 19

types of bailment and standards of care owed

Back 19

1. gratuitous - for the benefit of the bailor, slight standard of care
2. for mutual benefit -ordinary, reasonable care
3. for benefit of bailee - loan a car, etc.; diligent care

Front 20

three possible conclusions of courts in parking garage cases

Back 20

bailment; lease; license

Front 21

BFP filter/shelter theory

Back 21

once title has come into the hands of a BFP who is protected by the recording acts, he or she can pass that protection on to grantees even if they have notice of the adverse conveyance

Front 22

types of recording acts

Back 22

1. pure race
2. race-notice
3. notice

Front 23

pure race recording act

Back 23

whoever records first gets title

Front 24

race notice recording act

Back 24

whoever records first w/o notice of adverse conveyance gets title

Front 25

notice

Back 25

junior conveyee protected against prior unrecorded conveyance if paid value and is w/o notice

Front 26

adverse possession is also known as

Back 26

limitation title

Front 27

repose

Back 27

lay claims to rest so possessor can carry on as an owner would

Front 28

elements of adverse possession

Back 28

actual
visible
notorious
exclusive
under claim of right
hostile to owner
continues for statutory period

Front 29

discovery rule

Back 29

if owner has made reasonable efforts to locate the property, the statute of limitations is tolled and beings to run when P should have discovered UNLESS D is concealing

Front 30

doctrine of confusion

Back 30

commingling of goods that belong to different people such that the specific goods belonging to different people can no longer be identified

Front 31

inter vivos gift

Back 31

gratuitous transfer of ownership w/o consideration made during donor's lifetime; not binding until made

Front 32

testamentary gifts

Back 32

gift that takes effect at the donor's death; only made effective by written will

Front 33

gift causa mortis

Back 33

gift made in anticipation of one's imminent death

Front 34

necessary elements for a gift

Back 34

1. donative intent
2. delivery
3. acceptance

Front 35

freehold estates

Back 35

fee simple, fee simple absolute, fee tail, LE

Front 36

non freehold estates

Back 36

term for years, periodic tenancy, tenancy at will

Front 37

fee simple absolute

Back 37

potentially infinite duration; inheritable; "to A and his heirs" are words of limitation

Front 38

life estate

Back 38

duration for life, not inheritable; "to A"

Front 39

laches

Back 39

unreasonable delay in making claim and D relied on that and changed their position, prejudicial to allow P to continue with claim

Front 40

is a possibility of reverter an interest in land?

Back 40

not an estate in land, contingent interest b/c may never become possessory

Front 41

magic words to identify a fee simple determinable

Back 41

"so long as", "during", "while", "until"

Front 42

magic words to identify a fee simple subject to condition subsequent

Back 42

"provided that", "on condition that", "may re-enter and take possession"

Front 43

5 possible interpretations of deed with restrictions regarding purposes for which grantee can use the property

Back 43

1. fee simple determinable
2. fee simple subject to condition subsequent
3. precatory suggestion (wish)
4. covenant enforceable by contract remedies
5. conveyance in trust

Front 44

fee tail definition and hx

Back 44

limitation continues through generations; conveys to B and the heirs of his body; each person who inherits gets only a fee tail and land reverts if anyone along the line dies w/o leaving issue; originated with statute de donis in 1285; words of limitation and purchase; grantor's interest considered a reversion under assumption that every line of issue will end at some point

Front 45

six ways to disentail a fee tail

Back 45

1. say it's a fee simple conditional
2. modify by disentailing statute
3. statute or constitution provides that fee tail is abolished
4. statute provides that grantee gets a LE with a remainder in FS to the people who would've descended
5. statute providing fee tail is preserved for one generation only and then becomes fee simple absolute in second generation
6. conveyance creates fee simple or fee simple absolute in first taker

Front 46

vested remainder

Back 46

if given to a born and ascertained person and is not subject to a condition precedent

Front 47

contingent remainder

Back 47

if given to a person who is unborn or unascertained or is subject to a condition precedent

Front 48

Rule in Shelley's Case

Back 48

when a person takes an estate of freehold, under a deed or will or other writing, and in the same instrument, there is a limitation by way of remainder to his heirs or heirs of his body as a class of persons, the limitation to the heirs entitles the ancestor to the whole estate (American cases all involve life estates)

Front 49

Purefroy's Rule

Back 49

whenever an interest could become a common law remainder, it would be treated as a remainder rather than an executory interest and subject to rules regards contingent remainders, like destructability

Front 50

Rule Against Perpetuities

Back 50

No interest is good unless it must vest, if at all, not later than 21 years after a life in being at the creation of the interest

Front 51

courts' general approaches to RAP

Back 51

1. enact statutes to address problems that cause interest to fail (e.g. abolish common law presumption of fertility)
2. give courts power to reform land interests
3. wait and see if interest vests

Front 52

three main types of concurrent ownership

Back 52

tenancy in common
joint tenancy
tenancy by the entiredy

Front 53

four unities of joint tenancy

Back 53

time
title
interest
possession

Front 54

tenancy in common

Back 54

conveyed to B and C and their heirs; both have undivided interest in whole estate; courts grant partition as a matter of right; if one party dies, their share passes to their heirs

Front 55

joint tenancy

Back 55

has a right of survivorship; conveyed to B and C and their heirs; if C dies, B gets everything and doesn't have to pay inheritance tax; traditionally requires four unities

Front 56

fiduciary duties to co-tenants

Back 56

1. duty to act in best interests of other tenants
2. duty to take prudent care of another's property
3. duty to avoid conflict of interest

Front 57

two theories of mortgages

Back 57

title theory; lien theory

Front 58

title theory of mortgage

Back 58

bank has legal title and theoretically has right of possession; bank has a defeasible fee, determined by state statute

Front 59

lien theory of mortgage

Back 59

mortgage doesn't convey legal title, only gives bank right to collect by forcing sale of the property, procedure regulated by state

Front 60

types of leases

Back 60

tenancy for years: for any definite term, ascertainable at time lease begins
tenancy at will: gives tenant property right, but continues only at the will of both parties - no right to exclude 3rd parties
periodic tenancy: for a series of continuing periods

Front 61

covenant of quiet enjoyment

Back 61

landlord can't interfere with tenant's possession of the property

Front 62

traditional common law landlord duties

Back 62

deliver possession, covenant of quiet enjoyment

Front 63

traditional common law tenant duties

Back 63

inspect (caveat emptor), pay rent, make repairs

Front 64

independent covenants rule

Back 64

if landlord failed to honor covenant to make repairs, didn't relieve tenant of obligation to pay rent

Front 65

non apportionment rule

Back 65

if landlord interfered with tenant's possession, tenant is not liable for any rent; tenant can terminate the lease or pay no rent as long as the interference lasted
restatement says if tenant elects to stay, liable for pro rate amount of the rent

Front 66

Javins created for tenants...

Back 66

an implied warranty of habitability

Front 67

exceptions to traditional immunity landlords had from tort liability

Back 67

injuries resulting from hidden defects known to landlord, but not visible to tenant
negligence grounds for defective conditions in property leased for public use
liable for common areas, facilities under landlord's control
negligent repairs

Front 68

three things covered by retaliatory defense

Back 68

1. reporting code violations
2. withholding rent and raising Brown v. Southall defense
3. some courts extended to other lawful activities that tenant might engage in, but that landlord might want to discourage like complaining about handling of toxic materials at a port

Front 69

Rule in Dumpor's Case

Back 69

if landlord requires consent to transfer leasehold, then the requirement is waived after first transfer; exception if the assignment is multiple (i.e. it binds tenant's heirs and assigns)

Front 70

sublease

Back 70

agreement between tenant and successive tenant to occupy leasehold for some period LESS than the entire lease period (even if only a day, an hour, etc.)

Front 71

assignment

Back 71

tenant transfers leasehold for entire period to successive tenant

Front 72

words of limitation describe

Back 72

the type of deed, NOT the grantee

Front 73

words of purchase describe

Back 73

words that describe or name the grantee