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58 Cards in this Set
- Front
- Back
- 3rd side (hint)
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When is property lost
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"When judging from the place that it is found, it would be reasonable to assume that the owner has accidentally parted with possession"
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When is property mislaid
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"When judging from the place that it is found, it would be reasonable to assume that it was intentionally placed there and forgotten"
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What does the finder of mislaid property get to do
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The finder of mislaid property does not get to keep it; the owner of the place it was found has the right to retain possession until the owner comes to reclaim
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What does the finder of lost property get to do
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"The finder of lost property generally has the right to possession against all but the true owner; except if the property was found in a highly private place, then the owner of the highly private place gets to have possession"
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What are the elements of an intervivos gift
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"(1) Present donative intent to gratuitously give away property, (2) Delivery, (3) Acceptance"
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How is delivery name
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"(1) Actual - property is handed directly over to donee; (2) Constructive or Symbolic - giving away keys or deed because size or location would make it impossible or impractical to turn over property; (3) Through an agent - If agent of donee, effective upon delivery to agent; If not agent of donee, delivery effective once agent delivers property to donee"
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What is acceptance
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"A gift is not valid unless accepted, but acceptance is presumed unless the donee refuses by an affirmative act"
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What is a gift causa mortis
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Gift made in imminent anticipation of death - (1) Donative Intent; (2) Delivery; (3) Acceptance
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When is a gift causa mortis revoked
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"If the donor recovers from the illness that gave rise to the fear of death, the gift is revoked by operation of law"
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What is the special rule regarding real property and gifts causa mortis
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A deed to real property executed and delivered in contemplation of death is not revoked by the donor's recovery
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What is a bailment
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The relationship that arises when one party (the bailor) transfers possession of personal property to another (the bailee) to accomplish a particular purpose. Title does not pass
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What duty of care does a bailee owe
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sole benefit or bailor or mutual benefit - liability will arise upon ordinary negligence; sole benefit of the bailee - liability will arise upon slight negligence (modern trend - ordinary care all the time)
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What happens if bailed goods are lost or damaged
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The burden of proof is on the bailee to show that the loss occurred despite his due care
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When can a bailee limit his liability
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"A posted notice might limit liability if it can be proven that the bailor read it or, because of its size and location, should have read it"
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What happens if a bailee departs from the terms of the bailment
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The bailee is absolutely liable for loss or damage to the bailed property
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What happens if the bailee redilivers property to the wrong person
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The bailee is absolutely liable to the bailor for the loss. Some courts make an exception where the false claimant holds an indispensible instrument and the bailee has no knowledge that the false claimant is not the bailor
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What is a fee simple determiable and possibility of reverter
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"The estate terminates automatically on the happening of a stated event. When it terminates, the fee interest reverts back to the grantor. The possibility of reverter need not be expressly reserved in the grant."
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How is a fee simple determinable created
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"Created by using the language ""So Long As"""
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What is a fee simple subject to condition subsequent and right of entry
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Gives the grantor the power to terminate the estate on the happening of an event
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How do you create a fee simple subject to condition subsequent
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"Created by using the language ""on condition that"""
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"How if a ""fee simple determinable"" different from a ""fee simple subject to a condition subsequent"""
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The possibility of reverter need not be expressly reserved in the grant of fee simple determinable and the estate automatically ends on the stated event; The right of entry must be expressly reserved in the fee simple subject to condition subsequent and the grantor must exercise this right of entry to terminate the estate
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What is is called when a third party is given the right to terminate a fee simple subject to a condition subsequent
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It is called a fee simple subject to an executory interest
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What are the tenants of a joint tenancy
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Interest is the same; Interest created at the same time; interest was created by the same instrument; possessory rights are the same
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What happens if a joint tenant sells his share
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"The new guy is a tenant in common. If more than one joint tenant remains after the sale, their interest, as between themselves, remains a joint tenancy with right to survivorship"
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What is a tenancy by the entireties
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"Like a joint tenancy, but is created by a conveyance to a husband and wife. The tenancy cannot be terminated by involuntary partition. The spouses must terminate it together. Neither individual may convey or encumber her interest alone"
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What is a tenancy in common
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"A tenant in common has a right to possess the whole estate. Unlike a joint tenancy, a tenancy in common is inheritable"
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What is partition
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"If co-owners cannot agree on what to do with their property, they can seek partition"
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What are the basic ruels for restrains on alienation
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All restraints on fee interests are void; all disabling restraints are void; forfeiture and promissory restraints on life estates are valid
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What is a disabling restraint
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attempts to make any subsequent transfer ineffective
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What is a forfeiture restraint
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Attempts to forfeit the estate on transfer
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What is a promissory restraint
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Attempts to create a covenant which is breached by subsequent transfers
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What is a tenancy of years
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"A tenancy that runs for a specified time. Unless the period is less than a year, the lease must be in writing to be enforceable under the SOF. This lease terminates automatically at the end of the lease term"
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What is a periodic tenancy
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"A periodic tenancy continues on successive periods. Notice of termination must be given to end the lease or the lease will automatically be renewed. If the tenancy period is year to year or longer, at least siz months' notice must be given. If the tenancy is shorter, then notice must be given one period in advance."
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Tenancy at will
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"These tenancies can be terminated by either the landlord or the tenant at any time. They also terminate when either party dies, the landlord transfers his interest, the tenant attempts to transfer his interest"
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Holdover Doctrine
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"If a tenant continues in possession after the lease term ends, the landlord may either evict the tenant or bind the tenant to a new periodic tenancy. If the landlord notified the tenant before the end of the lease that the new lease would be at a high rent, the tenant will be held to the new term at the higher rent"
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What are the landlord remedies
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"If a tenant stops paying rent, the landlord generally cannot resort to self-help. Instead, the landlord can file a forcible entry and detainer action in court"
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What is the warranty of habitability
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The warranty requires the landlord to keep residential remises up to code. The landlord cannot force the tenant to take over his duty.
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What happens if the landlord breaches the warranty of habitability
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"The tenant can terminate the lease, make repairs and offset the cost against ruture rent obligations, reduce the rent to a fair rental value, or seek damages"
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What is the implied covenant of quiet enjoyment
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Every lease contains an implied covenant from the landlord that neither the landlord nor someone with paramount title will interfere with the tenant's use of the premises
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What is a fixture
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A fixture is personal property so firmly affixed to real property that it is considered to be part of the real property
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What is the US rule regarding fixtures and Landlord-Tenant rights
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"A tenant who affixes personal property to a landlord's real property generally has the right to remove the property before the end of the lease. This only used to encompas trade fixtures, but has expanded. If a contrary intention can be shown, the lessee will not have a right to remove the fixture"
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What if a licensee brings fixtures onto another's land
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"The licensee is allowed to remove the fixtures before the end of the lease, but has a duty to repair any damages caused by the removal"
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What if a trespasser affixed his personal property
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"Trespassers do not have a right to remove fixtures form land even if they acted in good faith. Whether something becomes a fixture depends in part on the intent of the party who affixed the personal property, and if an innocent trespasser affixed personal property to land he thought was his, he probably intended it to be permanent."
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How do you determine if property is a fixture when the same person who affixed the fixture owned both the personal property and the land to which it was affixed.
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It depends on the intent of the owner - nature of the article, how firmly it is attached, the amount of damage removal would cause, whether the personal property was customized for this particular real property.
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None
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What is an easement
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A non-possessory interest to use land possessed by another or to restrict the use of another's land
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What is an affirmative easement
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Allows the holder to enter onto the servient tenement and make an affirmative use to it.
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What is a negative easement
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prevents the owner of the servient tenement from engaging in specified activity on the servient tenement
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What is an easement appurtenant
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It benefits the easement holder in the use of his land and it runs with the holder's land
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What is an easement in gros
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Gives the holder a special use in the servient tenement independent of the holder's use or possession of another tract
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How can a prescriptive easement arise
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"If the easement holder has used the easement for a sufficient time, the use was open and notorious, the use was adverse, and the use was continuous"
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What is the natural flow theory for watercourses
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"The natural flow theory gives a riparian owner a right to the water in the watercouse without material diminution in its quantity, quality, or velocity. Riparian owners may not do anything that would affect the water supply of downstream users"
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What is the reasonable use theory for watercourses
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"Followed by OH Courts. Allows a riparian owner to make reasonable use of the watercourse, even if that use affects downstream users. However, the use must not have a substantial effect on a lake or watercourse."
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What is the reasonable use theory for groundwater
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"Followed by OH Courts. A landowner may dig a well and use all of the water she deens for use on her own property plus whatever she wants to export, as long as the exported water does not harm others using the same aquifer"
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What is the absolute ownership theory for groundwater
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A landowner can use any amount of water from a well on her land for any purpose
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What is the natural flow theory for surface water
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A landowner generally cannot refuse to take natural drainage and cannot divert water onto another's land.
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What is the common enemy theory for surface water
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A landowner can do whatever he wants to do to divery surface water
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What is the reasonable use theory for surface water
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"A landowner is not liable for surface waters diverted due to reasonable uses of the landlowner's premises, but is liable for diversions caused by unreasonable uses."
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How much surface water may a landowner retain
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A much as he desires
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