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184 Cards in this Set
- Front
- Back
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abandoned property
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property intentionally left behind with no intention to reclaim
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animus revertendi
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if an animal returns to you on a consistent basis, then they are no longer considered wild
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bailment
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the rightful possession of goods by a person who is not the owner
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bundle of rights
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UPET - use, possession, exclusion, transfer
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communal property
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every one owns and no one can exclude anyone else from the proeprty
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externality
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occurs when a person does not take the effect on others into account
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ferae naturae
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animals that are not disgnated domesticated animals by law
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mislaid property
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property deliberatly placed and unintentionally forgotten
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private property
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you can exclude people, but the community will back your exclusion
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ratione soli
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the owner of land has constructive possession of wild animals on the owner's land, until they take off
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state property
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the state owns it and can exclude others as long as it follos certain processes
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title
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the legal right of ownership (the right to transfer land)
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Possession - General Rule
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Exclusive possession and control of personal property is prima facie evidence of ownership,and anyone else claiming such property bears the burden of proof
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discovery - definition
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the sighting or finding of hiterto unknown or uncarterd territory
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Locke's Labor Theory
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We have a right to our own body, so if we use our own body to maintain or transform property, then by rights it should be ours.
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lockian proviso
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there needs to be enough left for the common good
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Discovery rule
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Discovery gives title to the government by whos autoroity it was made
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Discovery Exception
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If the land is occupied by non-Christains, then it is construviely non-occupied
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Theory behind law of capture
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first-in-time, first-in-right, lockian labor theory
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policy behind law of capture
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certainty; preserve peace and order in society (less litigation)
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Wild animals general rule
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Property in wild animals is acquried only by occupancy
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Wild animals - pursuit
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Mere pursuit is insufficient to constitute occupancy
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Proposed rule of Post
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Occupancy ca be achieved through (1) mortal wounding, b u one not abandoning his pursuit, or (2) securing animals in a manner as to deprive them of their natural liberty, and render escape impossible
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Ratione soli exceptions
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LAN
1) legally bought the animal 2) animus revertendil 3) animal isnot Native of the area, then hunters are put on notice |
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Wild animals & T vs. O (trespasser vs. owner)
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If a trespasser captures wild beasts on the land of another, the title to the same is in the landlower and not in the captor
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Wild animals & T1 vs. T2
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If a subsequent trespasser T1 caputres the animal on T's land, T has preferable title due to first in time.
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Policy behind trespassers and wild animals
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The law abhors self-help and wants to discourage this
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Rule of increase
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A baby born to an animal is considerd the property of the owner of the mother
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Gas Rules
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1) Monogahela rule - if a landowner's neighbor begins extracting oil that escaped from under A's land to B's land, the landowner can also extract the oil
2) Union Gas - A landowner can get an injunction against a neighbor who excessively drills oil or gas that migrated from undert he landowner's property to under the land of the neighbor |
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Surface water rights - 2 rules
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1) riparian - each owner of land along a water source has a right to use the water
2) prior appropriation - whoever first appropriates the water and puts it to reasonable and beneficial use has a right superior to later appropriators |
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patents
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granted for novel, useful, and nonobvious processes or products and last for 20 years
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copyright
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copyright protect the expression of ideas and last until 70 years after the death of the author/creator
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IP - general rule
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A man's property is limited to the chattels which ebmody his invention. Others may imitate at their pleasure.
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arguments against intellectual property rights
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1) competition; 2) allow people to build upon other knowledge, because creativity requires a public domain
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arguments in favor of intellectual property rights
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innovation
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theory behind IP
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locke's labor theory
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goals of finders doctrine
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1) protect interest of rue owner / prior possessor (security in possessions)
2) honor the legitimate expectations of all parties, including finders and locus owners 3) reward and incentivize honesty |
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Finders - general rule
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The finder of lost property has titlte to the property against all but the true owner
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Finders - stolen property
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A person cannot steal property that you stole from someone else and then claim that because you stole it, you never had good title to begin with
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Finders - mislaid property
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Owners of the locus in quo have constructive possession over mislaid property
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Finders - employee
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If a man inds a thing as the agent of another, he finds it not for himself, but for that other
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Finders - on someone else's land
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Owners of the locus in quo has title to the chattels attached to or under their land.
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Purposes of adverse possession
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1) Queit all titles
2) provide proof of meritoriuos titles 3) correct errors in conveyancing QPC |
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Justifications for adverse possession
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1) reward those using the land in a beneficial way
2) loss of evidence 3) desirability of peace 4) a man neglects to enforce his rights 5) Instincts of man -- a person resnets having something torn away from him that he has worked really hard on |
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Elements of adverse possession
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EENACC
1) entry 2) exclusive possession 3) notorious and open 4) adverse 5) continuous 6) claim of right |
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AP - Entry rule
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Is the use like that of the true owner - you must do something that gives notice to the owner that you have taken possession
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3 types of Claim of Right
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1) Good faith - I thought I owned it
2) Bad Faith (Maine) - I knew I didnt, But I was going to make it mine 3) State of mind irrrelevant |
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Policy behind good faith claim of right
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dont want to reward wrongdoers, and want to distinguish from squatters
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Policy behind privity requirement for tacking
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A succession of trespasses should not be allowed to defeat record title
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Scope of Covenants - rules of construction
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1) if ambiguous, reoslve against restriction
2) wont imply restrictios that are not there 3) interpret reasonably, but strictly 4) give ordinary/intended meaning |
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equitable servitude - defined
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a covenant respecting the use of land enforceable against successive owners by injunction
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equitable servitudes - Requirements
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WITNES
1) Writing 2) Intent 3) Touch and concern 4) NOTICE 5) Equitable 6) Some privity (but never horizontal) = vertical privity for the BENEFIT to run |
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Implied equitable servitudes - 2 additional elements
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1) 1 common owner
2) common scheme of development |
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ways a covenant can be terminated
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PREMEAC
1) prescription 2) release 3) expiration 4) merger 5) estoppel 6) changed conditions |
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Changed conditions - requirements
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1) substantial value ot enforcing homeowners
2) original purpose still upheld 3) not inequitable or oppresive to uphold restriction |
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requirements for benefit to run - CL
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WITV
1) writing 2) intent 3) touch and concern 4) vertical privity |
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requirements for BURDEN to run - CL
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WITH
1) writing 2) intent 3) touch and concern 4) horizontal AND vertical privity of the SAME estate) |
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horizontal privity
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privity of estate between the original covenanting parties
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vertical privity
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privity of estate between one of the covenanting parties and a successor in interest
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license
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a revocable right for someone to use soemone else's land
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termination of easements
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MARS
1) merger 2) abandoment 3) release 4) source of reliance disappears |
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easement by estoppel requirements
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LRK
1) license 2) reliance 3) knowledge |
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Abadoned property
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property intentionally left behind with no intent to reclaim
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animus revertendi
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if an animal returns to you on a consistent basis, then they are no longer considered wild
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bundle of rights
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UPET - Use, possess, exclusion, transfer
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chain of title
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the links in the chain are the transactions by which a parcel of land moves from owner to owner over time
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communal property
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every owns and non one can exclude anyone else from the property
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externality
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occurs when a person does not take the effect on others into account
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ferae naturae
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latin for wild animals, animals that are not designated animals by law
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mislaid property
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property deliberately placed and unintentionally forgotten
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numerus clauses
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the prohbition of new or customized property interests
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private property
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you can exclude people, but the community will back your exclusion
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ratione soli
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the conventional view that an owner of land has constructive possession of wild animals on the owner's land, until they take off
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title
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the legal right of ownership (the right to transfer land)
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Possession general rule
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Exclusive possession and control of personal property is prima facie evidence of ownership, and anyone else claiming such property bears the burden of proof
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disocery, defined
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the sighting or finding of hiterto unknown or uncharted territory
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Lockes labor thoery
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It cannot be contested that we have a right to our own body, so if we use our own body to maintain or transform property, then by rihts it should be ours
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Lockian proviso
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there needs to be enough left for the common good
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Capture, defined
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the rule of capture applies to chattels that are not otherwise owned
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wild animals capture rule
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property in wild animals is acquired only by occupancy
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Proposed rule of Post
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Occupancy can be achieved through (1) mortal wounding, by one not abandoning his pursuit, or (2) securing animals in a manner is to deprive them of their natural liberty, and render escape impossible
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trespassers and wild animals
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if a trespasser captures wild beasts on the land of another, the title to the same is in the landowner and not in the captor
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rule of increase
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a baby born to an animal is considered the property of the owner of the mother
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rules for gas
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1) monogahela - if a landowner's neighbor begins extracting oil that escaped from under A's land to B's land, the landowner can also extract the oil; 2) Union gas - a landowner can get an injunction against a neighbor who excessively drills oil or gas that migrated from under the landowenr's property under the land of the neighbor
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problem with the union gas rule
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it would be dificult to define what is excessive and contracting is a better way to get around these things
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problems with analogizing oil and gas to the rule of capture
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it encourages overconsumption
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groundwater rules
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reasonable use
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surface water rules
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riparian rights - each owner of land along a water source has a right to use the water, subject to the rights of other riparians; prior appropriation - whoever first appropriates water and puts it to reasonable and beneficial use has a right superior to later appropriators
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IP general rule
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A man's property is limited to the chattels which embody his iinvention. Others may imitate at their pleasure
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arguments against IP
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competition, allow people to build upon other knowledge, because creativity requires a public domain
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arguments for IP
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Innovation; locke's labor theory
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goals of finder theory
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1) protect the interest of the true owner or prior possessor; 2) to honor the legitimate expectations of all parties, including finders and locus owners; 3) we want to reward and incentivize honesty
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Lost property general rule
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The finder of lost property has title to the property against all the true owner
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finder - employee
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If a man finds a things as the servant or agent of another, he finds it not for himself, but for that other
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finder - on the land of another
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Owner of the locus in quo has title to the chattels attached to or under the land
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mislaid property - rule
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Owners of the locus in quo have constructive possession over mislaid property
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analytical framework for finders
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1) State the goals of the doctrine; 2) break it down in short term and long term; 3) Break it down in traditional way
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adverse possesion, defined
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a method of transferring interests in land without the consent of the prior owner, wnad even in spite of the dissent of such owners
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purposes of Adv. Possession
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to queit all titles which are openly and consistently asserted; to provide proof of meritoruious titles; correct errors in conveyancing
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justifications for adv pos
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reward those using the land in a beneficial way, loss of evidence, desirability of peace, a man neglects to enforce his rights
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elements of adverse pos
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EENACC - entry, exclusive possession, notorious and open, adverse, continuous for the statory period, claim of right
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In 1980, O owned Blackacre when A entered adversely. In 1990, O went insane. In 2000, O recovers. 20 year SOL. In 2000, who owns Blackacre?
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A
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D was cleaning out a pool of water for P. While cleaning, D found two rings embedded in the mud. Whose ring is it?
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P
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In 1980, O owned Blackacre when A entered adversely. O is insane in 1980. O dies insane and intestate in 2003. The statute says that a disabled person may bring an action within 10 years after the disability is removed. When would A gain title? A) O's heir, H, is under no disability in 2003. B) O's heir, H, is six years old in 2003.
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A) A will acquire title in 2013. B) A will acquire title in 2013. H's disability does not matter.
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O has no disability in 1980. O dies intestate in 1998. O's heir, H, is two years old in 1998.
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2001
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O is five years old in 1980. In 1990, O becomes mentally ill, and O dies intestate in 2005. O's heir, H, is under no disability. Does the adverse possessor here acquire title in 2001, 2003, or at some later date?
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2003
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color of title, defined
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A claim founded on a written instrument or a judgment or decree that is for some reason defective and invalid
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Issues in adverse possession
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TEACTG - theory, elements, abandonment, color, tacking, government
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gifts - elements
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IDA - intent, delivery, acceptance
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General rule - excised body parts
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There is no property rights in excised body parts
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Tacking general rule
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Possession by two adverse possessors may be tacked in the two are in privity with each other
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A, who owns Whiteacre, adversely possesses a small strip of the adjacent Blackacre, due to onfusion about boundaries. A adversely possesses that piece of Whiteacre for 15 years; he then sells Whiteacre to P, who holds for another seven years. Can the two periods be tacked to meet a 20-year SOL period?
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Yes, because they are in privity
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A adversely possesses Blackacre for 15 years. He then abandons the property. B then enters for another seven years. Can B tack is holding period to A's?
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No
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Policy for privity in subsequent A.P.
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A succession of trespasses, even though there was no appreciable interval between them, should not, in equity, be allowed to defeat record titles
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disability general rule
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A statute will not run against a true owner afflicted by disability at the INCEPTION of the adverse possession
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Adverse Possession checklist
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1) Is O the government? If yes, adverse possessor cannot acquire title. 2) Determine statutory period - did O have a disability at the time A entered the land? 3) Go through EENAC
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fee simple absolute defined
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a property interest in land that cannot be divested nor will end if any event happens in the future
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words of purchase
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describes to whom the property has gone
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words of limiation
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they tell us what estate has been transferred
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1600s - "to A and his heirs"
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FSA
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2004 - "to A"
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FSA
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1600 - "to A for life, then to B forever"
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A-Life estate, B - Remainder in Life Estate
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2004 - "to A for life, then to B forever"
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A - Life estate, B - remainder in FSA
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restrictions on life estates
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sale, lease, mortgage, waste
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defeasible estate, defined
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an estate in land that may last forever or may come to an end upon the happening of an event in the future
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fee simple determinable
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a fee simple so limited that it will end automatically when a stated event occurs
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O conveys Blackacre to the Hartford School Board, its successors and assigns, so long as the premises are used for school purposes
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Fee Simple Determinable
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Rules of construction for FSD
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created with durational language; comma in the granting clause
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future interest created by FSD
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possibility of reverter - FSDPOR (Frank Sinatra Didn’t Prefer Orville Redenbacher0
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FSSCS, defined
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a fee simple that does not automatically terminate, but may be cut short when the stated condition occurs
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To hartford school board, but if the premises are not used for school purposes, the grantor has a right to re-enter and retake the premises
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FSSCS
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rules of construction for FSSCS
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Words of condition; condition is outside the granting clause
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Future interest created by FSSCS
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right of entry
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FSSEL, defined
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A fee simple that upon the happeninig of a stated event, is automatically divested by an executory interest in a transferee
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to A and his heirs, but if A dies without issue surviving him, to B and his heirs.
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A - FSSEL, B - Executory Interest
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future interest created by FSSEL
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Executory interest
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policy behind restraints on alienation
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makes property unmarketable; land may be made unavailable for its highest and best use (efficiency); perpetuates concentration of wealth by making it impossible for the owner to sell property and consume the proceeds of the sale; discourages improvements on the land; prevents creditors from reaching the property
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use restrictions - traditional rule
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Express restraints on alienation are invalid; use restrictions, however, are valid even if it may in effect restrain alienability
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policy reasoning behind allowing use restrictions
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honor the intent of charitable donors
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use restrictions - modern rule
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A use restriction is invalid if it adversely affects marketability by narrowing it to an impermissibly small number of persons
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future interest, definde
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an interest that is nto possessory, but that does give present legal rights to the holder of the I nterest
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reversion, defined
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the interest remaining in the grantor who transfers a vested estate of a lesser quantum than that of the estate he has
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remainder, defined
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a future interst that inevitabley follows the natural end of an estate
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Contingent remainder, defined
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A future interest is contingent if 91) it is given to an unascertained pereson or (2) there are cnditions precedent that must be et
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To A for life, then to B's kids who become pastry chefs. B is 50 with 2 kids, C and D who are 15 and 20 respectively.
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Invalid
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To Tom's grandkids when they reach 25
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Invalid if intervivos
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To A for life, then to B's kids who turn 30.
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Invalid if intervivos
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To A so long as she keeps selling red wine, but if she stops selling red wine, to bs kids who run for political office
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Invalid if intervivos
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rule against perpetuity
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no interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest
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teants in common
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two or more own, with no right of survivorship
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joint tenants
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Two or more own, with the right of survivorship
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requirements for joint tenancy
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TTIP - time, title, Identical, equal interests, possession
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O conveys Blackacre to Phoebe, Ross, and monica as joint tenants. Phoebe sells her interest to Chandler. What result?
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Monica and Ross hold 2/3 as joint tenans, and Chandler holds 1/3 as tenant in common with Ross and Monica
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tenancy by the entirety
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a protected marital interest which can only exist between husband and wife, with the right of survivorship
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two types of partition
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partition in kind, forced sale
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term of years
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an estate that lasts for some fixed period of time
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periodic tenancy
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a lease or period of some fixed duration that continues for succeeding periods
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tenancy at will
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a tenancy of no fixed period that endures so long as both landlord and tenant desire
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notice for periodic tenancy
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equal to the length of period, not to exceed 6 months
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tenancy at suffereance
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arises when a tenant remains in possession after termination of the tenancy
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remedies for landlords against holdovers
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1) evictions plus damage; 2) consent to new tenancy
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tenancy at will - does it terminate at landlord's death
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yes
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"For rent: Furnished basement apartment in private white home" Owner liable under FHA?
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Not under 3604(a) b/c she is exempt. But she could be liable under 3604©
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Prima Facie case for Civil Rights Act of 1866
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1) Show disparate treatement (single case) or discriminatory impact; 2) shifts burden to D: show rational and necessary business purpose; 3) shifts back to P: show that the seemingly reasonable practice is a pretext
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Assignment vs. sublease - how to tell (CL)
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if less than the reaminder of the term, it is a sublease. If for remainder of the term, it is an ASSIGNMENT.
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assignment v. sublease - modern trend
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the inteention of the parties may be persuasive
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L leases Blackacre to T1. T1 assigns to T2. T2 assigns to T3. T3 engages in flagrant abuse of the premises. Can L proceed against T3? T1? T2?
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t3 - yes, privity of estate; t1 - yes, privity of contract; t2 - no, they never expressly assumed all the promises in the original lease
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3 rules to landlord consent to assignments/sublease
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CL - where a lease provides an approval clause, the lesor may arbitrarily refuse to approve a proposed assignee; Minority - where a commercial lease provides for assignment only with consent, such consent may be withheld only where the lessor has a comercially reasonable objection; restatement - the landllord's consent cannot be withheld unreasnably unless a freely negotiated provision in the lease gives the landlord an absolute right to witthold consent (opposite of CL)
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modern trend on self-help
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self-help is never available to dispossess a tenant who is possession and has not abandoned or voluntarily surrendered
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Options for L when tenant who abandoned possession
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CL - SIR: surrender, ignore, relet. Modern - Surrender or Mitigate damages
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Breach by constructive eviction - elements
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SiNG - substantial interference, notice, get out
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tenant's remdies for constructive eviction
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sue for damages or abandon the premises
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IWOH standard
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the premises must be safe, clean, and fit for human habitation
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Requirements for IWOH cause of action
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No Recurse - Notice, Reasonable Time
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Tenants remedies for IWOH
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seek damages, withhold interest, make repair and deduct expenses, seek punitive damages
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Standard for nuisance
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1) substantial; 2) unreasonable
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2 stds for urneasonabless in nuisance
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1) Joss - the level of interference that results form the conduct; 2) gravity/harm test - whether the gravity of the harm outweighs the utlity of the actor's conduct
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CL std for injunction in nuisance
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whenever the damage resulting from a nuisance is found not "unsubstantial", injunction would follow
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Modern trend for injunction in nuisance
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To avoid paying drastic remedies, you may grant the injunction conditioned on the payment of permanent damages to P
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public nuisance, defined
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an unreasonable interference with a right common to the general public
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coming to the nuisance rule
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a lwaful use cannot be turned into an unlawful use because someone else comes after a successful operation and begins use of land that is incompatible with the initial use
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easement, defined
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the grant of a non-possessory property interest that entitles its holder to some form of use or enjoyment of another's land
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Elements of prescription
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EENAC
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Implication by existing use or necessity, elements
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1) 1 common owner; 2) necessity at the time of severance; 3) pree-xisting use (apparent, continuous, permanent) --> graned - reasonable necessity, --> reserved - strict necessity, 4) if no PEU, strict necessity
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