Property

Front 1

Possession

Back 1

The right to exclude others.

Front 2

Constructive Possession

Back 2

Owndership/possession w/o physical presence

Front 3

Seisin

Back 3

A right to posession + a legal claim

Deseized- when a trespasser replaces the person with seisin

Front 4

Res Nullius(Wild Animals)

Back 4

Plaintiff must show OCCUPANCY: "a thing belonging to no one" (e.g. a wild animal) as opposed to terra mullius "land belonging to no one" --also applies to Oil Law

1) Brought within control--must have physical control, trapped, or mortally wounded; pursuit is insufficient
2) Intended to appropriate
3) Deprived of natural liberty

Front 5

Animus Revertendi(Wild Animals)

Back 5

When an animal reverts to the wild/natural habitat (not non-natural setting), the right to claim Occupancy ends.

Some kind of notice is given of occupancy over the animal(e.g. fox in foothills v. fox in city

Front 6

Ratione Soli

Back 6

The owner of the land has first right to an animal on their land, but the right ends if animal leaves their land

Front 7

Trespass to Chattel/on the Case
(Causes of Action- Personal Property)

Back 7

The wrongful taking of chattel

Remedy: money damages, then later detinue and trover

Front 8

Detinue
(Causes of Action- Personal Property)

Back 8

Defendant had lawful initial possession then unlawful conversion; requires Defendant's possession of the goods.

Defense: D lacking possession

Remedy: D choice of money damages(at time of taking) or return of chattel--so if value increased since taking, value-at-taking usually opted for.

Front 9

Trover
(Causes of Action- Personal Property)

Back 9

D had lawful initial possession then unlawful conversion, and D refuses to return to TO. NO defense for lacking possession.

Remedy: money damages only

Front 10

Replevin
(Causes of Action- Personal Property)

Back 10

The wrongful seizure of property--where some may be okay, but not to the extent seized.

Remedy: P's choice of return of chattel or money damages. Before trial, P could reclaim immediately if bond of 2x properties value posted.

Front 11

Trespass
(Causes of Action- Real Property)

Back 11

Cause of action seeking recovery of possession for a violation of one's possessory right in the land

Remedy: Nominal money damages always available; injunction return of property

Front 12

Ejectment
(Causes of Action- Real Property)

Back 12

Cause of action seeking recovery of possession of the land.

Remedy: Originally only money damages, later included return of possession.

Front 13

Quiet Title
(Causes of Action- Real Property)

Back 13

Cause of action seeking clear title to the land.

Remedy: declaratory relief by court of who has real title.

Slander to Title: claim of clear title to a piece of property where someone has engaged in conduct that makes it appear owner does not have title; usually when ability to sell/transfer title is hampered by someone.

Front 14

Nuisance
(Causes of Action- Real Property)

Back 14

Violation of one's use and enjoyment of property; not possessory interest.

Remedy: Money damages, injunction