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51 Cards in this Set
- Front
- Back
Three types of real property
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Property that cannot be moved
Structures that are affixed to the land Items within a structure that are attached to the structure. |
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Personal property
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Property that can be moved
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What type of property is a lease of real property?
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A chattel that is considered personal property
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What type of property is vegetation that is planted and cultivated?
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Personal property
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What type of property is vegetation that grows wild?
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Real property
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If an item of personal property is attached to real property, it may become real property under a three part test:
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1.) whether the item of personal property can be easily removed once it has been attached to the real property
2.) whether the item of personal property, once attached, has been adapted to the use of the real property 3.) whether the owner intends to make the item of personal property part of the real property |
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What are three methods of gaining and losing ownership in personal property?
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Capture of unowned property
Creation Conversion |
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What does capture require?
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Dominion and control
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Property interest in creation of new property is protected under copywrite law if what three requirements exist?
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1.) The work actually exists
2.) It is an original work 3.) The work is fixed in a tangible medium of expression. |
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Conversion
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interference by one person with the ownership or possession of another's personal property
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Lost property general rule
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A finder of lost property has a right to the lost property that is good against all the world except the original owner.
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What are three situations in which the general lost property rule does not apply?
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1.) if the finder is trespassing on someone else's property when the trespasser finds something there (the person owning the property has rights)
2.) if the person finds the property in a private location where the public is not normally invited (the owner of the private location has rights) 3.) if the lost property is found during the course of employment (employer has rights) |
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Who has rights to mislaid property that reasonably appears to be put somewhere on purpose and then forgotten?
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The owner of the place where the property was mislaid gets the possessory right that is good against all the world except the true owner.
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Who has rights to abandoned property?
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The first person to take possession of the abandoned property has rights that are good against all the world.
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What two elements are required for property to be deemed abandoned?
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The owner must have had the intent to abandon and must have manifested that intent.
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Accession
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the application of labor or materials to one person's personal property by another person.
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What is the general accession rule?
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if A adds labor/materials to B's property, the materials and the value added by the labor become the personal property of B.
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When someone has performed accession and there is uncertainty between two people about who owned an item of personal property, who gets it?
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The person who adds substantial value to the personal property will become the owner through accession, as long as they are an innocent trespasser.
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Confusion
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Occurs in cases in which the personal property of different people is mixed together and it is not possible to distinguish one person's property from another's.
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What are the three confusion rules?
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1.) if you know who contributed the goods and in what proportion, the contributors are proportionate owners of the confused goods.
2.) if you do not know the proportion contributed and the confusion is innocent, the contributors share the confused goods equally. 3.) if you do not know the proportion contributed and the confusion is not innocent, the person who wrongfully caused the confusion must show his portion; otherwise, the innocent contributors will share the goods equally |
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What is the statute of limitations in VA for recovery of personal property that someone else is trying to adversely possess?
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5 years
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gift
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a voluntary and gratuitous transfer of property from one person to another
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Three elements required for gifts:
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donative intent (requires present intent to make gift)
delivery acceptance (assumed) |
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Four ways to make delivery of a gift:
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actual physical delivery of the property to the donee
constructive delivery (keys to large item) delivery in writing (a written expression of donative intent with written description of property and written id of donee) symbolic delivery (photo of value with "this is all yours now") |
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Requirements for gifts causa mortis
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donative intent
delivery acceptance donor in contemplation of his/her own impending death |
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VA Uniform Transfers to Minors Act
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provides for the transfer of personal property from an adult transferor to a custodian for the benefit of a minor
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detinue
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an action to recover personal property that someone else took possession of but has unlawfully refused to return
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replevin
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an action to recover personal property that someone else unlawfully took possession of
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trespass
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an action to recover monetary damages from the loss of possession
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trover
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an action to recover the value of the property itself
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lien
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a claim that a creditor has on the personal property of another with respect to a debt, obligation, or duty that is owed to the creditor
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lienor
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creditor with a claim over another's personal property
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lienee
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an owner of personal property subject to a lien
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general lien
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gives the lienor a claim over lienee's property for any debt and any obligation that the lienee owes to the lienor
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special lien
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gives the lienor a claim over lienee's property only for a debt or obligation relating to that specific item of property
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Statutes on VA-specific types of liens
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innkeeper's lien
stable, marina, or hangar keeper's lien mechanic's lien launderer or cleaner's lien bull, stallion, or jackass lien |
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What three types of notice does VA require a lienor to give?
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advertise time, place, and terms of the auction
10 days notice of the auction to the property owner advance notice to any secured party |
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In what two ways can a lienee get a lien released in VA?
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by the court if the lienee has proof that the underlying debt has been paid or discharged (requires 20 days notice to the lienor)
or agreement with the lienor |
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Bailment
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transfer of possession but not ownership of personal property from one person to another
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bailor
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person who transfers the property
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bailee
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person who receives the property
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elements of a bailment
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bailee must have physical possession of the property and the intent to exercise control over the property
bailee must agree to the bailment bailee must know about the personal property |
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Is consignment a bailment? Is an employee's use of an employer's property?
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Consignment - yes
Employee's use of employer's property - no |
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Sale
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a transfer of ownership
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Bailee standards of care
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Bailment solely for benefit of bailor: slight diligence (must show gross negligence)
Bailment for mutual benefit: ordinary care Bailment for benefit of bailee: great diligence (slight negligence) |
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When is a Bailee is strictly liable for loss or damage to the bailed goods?
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if the bailee uses the bailed goods for some purpose outside the scope of the bailment, or moves the property from the agreed place of storage. Also, if a bailee agrees to return the bailed goods in exactly the condition it was in the start of the bailment is strictly liable if he fails to do so.
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Measure of damages for bailed property lost or destroyed
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the FMV of the bailed property at the time of the loss or destruction
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Measure of damages if bailed property is damaged
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difference between FMV in its undamaged state and its actual value in the damaged state
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What are the bailee's rights in bailed property?
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Right of possession
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What are the bailor's rights in the bailed property?
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Bailor can bring an action against the bailee if the bailee returns the property in damaged condition.
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Bailor's COA against the Bailee
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Conversion
Negligence Breach of contract (bailment agreement) |