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Property Law
Tufts, Auburn University
21
Law
Undergraduate 1
09/20/2009

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Cards

Term
what is property?
Definition
property concerns legal restrictions among people regarding control and disposition of valued resources
Term
rights
Definition
claims enforceable by state power, that others act in a certain manner in relation to the right holder.
Term
privileges
Definition
permissions to act in a certain manner without being liable for damages to others and without others being able to summon state power to prevent those acts
Term
powers
Definition
state enforced abilities to change legal entitlements held by oneself or others
Term
immunities
Definition
security from having ones own entitlements changed by others
Term
Freehold Estates
Definition
Term
fee simple
Definition
ownership potentially lasts forever; the owner can leave it to his heirs or write a will determining who will get it when the owner dies
Term
defeasible fees
Definition
can last forever, but will terminate upon the happening of some event named in the original conveyance, at which time ownership passes to the owner of the future interest
Term
fee simple determinable
Definition
(defeasible fee) future interest vests in grantor automatically when the condition occurs
Term
fee simple subject to condition subsequent
Definition
(defeasible fee)future interest vest in grantor if he asserts it after condition occurs
Term
fee simple subject to executory limitation
Definition
(defeasible fee)future interest vests in a third party other than the grantor after the condition occurs
Term
life estates
Definition
last for the life of the owner and then pass either to the grantor or his heirs (as a reversion) or to a third party chosen by the grantor at the time the life estate was created (as a remainder)
Term
Nonfreehold estates
Definition
Term
leaseholds
Definition
transfer possession for a fixed period of time or a renewable period or exist at the will of the owner
Term
tenancy in common
Definition
two or more persons own the same property at the same time; each owns the right to posess the entire propery (undivided interest); each interest is alienable, inheritable, and divisible
Term
joint tenancy
Definition
characterized by a right of survivorship; not inheritable or devisable
Term
partition
Definition
the legal remedy for divding property when joint owners cannot agree on usage
Term
conditions that dont allow division by partition
Definition
varried topography, varied land uses, owners interes is too small
Term
cooperative
Definition
the entire building is owned by a single nonprofit corporation
Term
partnership
Definition
an association of two or more persons to carry on as co-owners a business for profit
Term
a corporation is a business enterprise that:
Definition
seperates ownership and management, limits the liability of owners, provides for perpetual existence of the business as a seperate legal entity, allows easy transferability of individual ownership interests, and provides mechanisms by which one corp can aquire or merge with another
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