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32 Cards in this Set
- Front
- Back
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Two types of property |
Personal- movable property, can be tangible or intangible Real- immovable- land or anything attached to land |
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What is a fixture? |
Real property that is attached and considered legally part of the real property. Barn, house, silo |
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What is a bundle of rights? |
Extended land rights. Rights to the surface of your land and space above and below the surface. |
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What are surface rights? |
The right to use, improve and sell the surface of the land. |
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What are air rights? |
Right to control, occupy or use the vertical space above the land. |
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Subsurface rights |
Rights to the earth below the land, and any substances beneath. |
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Split estate |
One person owns the subsurface rights, and another person owns the surface rights |
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The three types of possessory interests. |
Fee simple absolute-includes all rights of the land Life estate-land interest that expires upon death of a specified person Leasehold- lease of a property for a particular duration |
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4 types of leaseholds |
Estate for years Periodic tenancy Tenancy at will Tenancy at sufferance |
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Two types of conditional estates |
Fee simple determinable- ownership ends after a specified event occurs Fee simple subject to a condition subsequent- landowner may reclaim land if a specified event occurs |
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What is a non-possessory interest? |
An interest in real estate that doesn’t include a current right to posses the land. |
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Types of non-possessory interest |
Future interest-legal right to receive full ownership of a property at some point in the future. When someone donates land to a university for tax purposes after their death |
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The two types of deeds |
Warranty- transfers promise that seller is transferring a good and valid title Quitclaim deed- transfers ownership, but doesn’t promise or guarantee the interest (example, if there is a lien) |
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What is adverse possession? |
A doctrine in which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met. |
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5 common law requirements of adverse possession |
Continuous- maintain continuous possession of the property Hostile-possession infringes rights of the true owner Open and notorious- the person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious Actual- adverse possessor is actually in possession of someone else’s property Exclusive- does not share control of property with anyone else |
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What is a technical review team? |
Scientists with expertise in specific areas. Assist with permittees and agencies- help to reach management decisions |
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Where is the fence out doctrine found? |
It is a statute. |
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What is intellectual property? |
Original property created in someone’s mind. Must be marketable and valuable in some manner. |
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What are the 5 types of intellectual property? |
Patents, trademarks, service marks, copyrights, trade secrets |
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What are the rules of patent infringement? |
When someone makes, uses, offers for sale or sells any patented item without the owners permission. |
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Who is the state water engineer? |
Gregory Lanning |
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Who is on the board of control? |
Brian Pugsley, David Schroeder, Loren Smith, Kevin Payne, Gregory Lanning |
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What type of board is the state board of water control? |
It is a quasi-judicial body- with sole jurisdiction in the three A’s of water rights Adjudication Administration Amendments |
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What is water abandonment? |
When water hasn’t been put to beneficial use once every 5 years. |
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Who owns Wyoming water? |
The state owns it. |
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What is the three part test whether something is a fixture? Cook vs. Beerman |
1. Is it annexed to the property? 2. What is the purpose of connecting it to the property? 3. Who attached it to the property and why? |
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What was the handling of the Fausett vs Guisewhite case? |
The court agrees there’s is a conditional subsequent, but it is not valid because the original deed was lost or not-conveyable (no heirs, family, etc) |
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What was the holding of the sowers vs corthell case? |
The Laramie ordinance prohibits cattle from wandering at large. The holding was the defendant violated the ordinance. |
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What does the patent exhaustion doctrine say? |
It limits the patentee’s right to control what others can do with an article embodying or containing an invention. The initial authorized sale of a patented item terminated all patent rights to that item. And by exhausting the patentees monopoly, the sale confers on the purchaser, or any subsequent owner as he sees fit. |
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What was the water law issue of the Ramsay vs Gottsche case? |
Alledged abandonment |
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In the white vs. wheeler case, was adverse possession favored by the law? |
No |
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What is prior appropriation? |
Priority of appropriation for beneficial use shall give the better right. No appropriation shall be denied except when such denial is demanded by the public interests |
