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Definition
| properity is abandoned if collected (piles of horseshit give notice of effort done to collect horseshit) |
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Definition
| druck trappin is unfair interference b/c malicious intent to harm neighbor and no intent to trap/ use ducks |
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Definition
| "fox in hand" not needed for possession, killing give automatic possession b/c "depriving animal of natural liberty" |
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Definition
| custom is permissble to prove possess & party on notice (harpooned whale --- custom using personalized harpoons) |
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Definition
| their beats subsequent theif (log cutters have better claim than mill operators) |
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Definition
| impermissible use/ bad faith use can permit recovery byond value of the good (egg washer awarded damages more than the machine's value b/c bad faith) |
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Term
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| innocent purchaser of property from a wrongdoer must first be informed of defect in title & have opportunity to deliver property to the true owner b/c liable for wrongful conversion (german stolen paintings) |
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Term
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Definition
| possession is prima facie evidence; first finder beats subsequent finder (logs adrift in lake belong to first finder, not subsequent possessor) |
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Definition
| no possession without knowledge of the item (no possession of box containing 2 lbs. of pot) |
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Term
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Definition
| things attached to land are part of real property, belong to owner (comet embedded in land belonds to LL) |
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Definition
| finder of abandoned property is rightful owner (chimney sweep finds jewel) |
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Term
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Definition
| whoever holds mislaid property has inferior claim than 1) true owner 2) property/ shop owner (found wallet property of barber) |
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Term
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Definition
| landowner's property rights over goods are partially extinguished by work done to transform the goods (logs into barrel hoops, TRANFORMATION IN GOOD FAITH) |
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Term
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Definition
| What's being chased belongs to the finder, the landowner possesses things attache to the land (Fisher chased bees, stewart owned land of the beehive/ honey) |
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Term
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Definition
| he statute of limitations for the recovery of chattels begins at the time of conversion. The time of conversion is defined to be the time at which the actual possessor acts to exclude ("demand and exclude") the rights of the true owner. (Song owners waited too long to demand parties not use songs, so lost property rights) |
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Term
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Definition
| A promise to make a gift is unenforcable, equivalent to unenforceable contract, needs delivery & acceptance = father promised colts to son but never delivered |
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Term
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Definition
| Will creator has responsibility to ensure will created according to formal requirements (GA bank owner had bank employees sign the will out of his sight) |
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Term
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Definition
| transferor with VOIDABLE title can transfer good title to a GOOD FAITH purchaser; if PURCHASERS HAD ACTUAL BELIEF IN THE BUYER (jewlery store didn't have good faith when bought rolex from 3rd party --- deal was too good & insufficient action to check seller's title) |
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Term
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Definition
| A bailment is created when the owner of a chattel gives 1) custody and 2) control over the chattel to another to hold until the owner requests delivery (bailment created when the property was left in parking garage) |
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Term
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Definition
| 3rd parties can rely on impressions or statements conveyed from the ostensible owner; ostensible owners have burden to provide notice of ownership to 3rd parties (auto shop with mechanic's lein can recover from car dealer -- this is a common lein) |
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Term
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Definition
| SP can seek self help to recover PERSONAL PROPERTY if actions do not breach the peace (car repossession epossession was accomplished without any incident which might have provoked violence) |
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Term
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Definition
| Specific statutes trump general UCC code. Car ownership passes when 1) owner executes assignment of warranty of title (on back of certificate of title) w/ name & address of transferee; 2) actual/ constructive delivery of the car; 3) certificate of title delivered to transferee |
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Term
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Definition
| Bills of sale/ other outstanding debts are equivalent to cash consideration (P is GF purchaser of land with CLEAR TITLE b/c no knowledge the land sale is fraudulent) |
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Term
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Definition
| trustees have legal duty of loyalty -- prevents T from accepting employment/ conducting business from 3rd part that is self dealing against trustee (Trustee of Famous Painter Liquidated inherentance of paintings to museums well below market value & despite beneficiary's objections |
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Term
| Broadway National Bank v. Adams |
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Definition
| income of a trust fund created for the benefit of another cannot be reached by attachment, either at law or in equity, before it is paid to the beneficiary (bank tried to collect from grantor) |
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Term
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Definition
| Liability of corp will fall on individual owner it demonstrated that the operated used his control for personal gain ( taxicab owner used "corporations as a piggy bank" & liability shield) |
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Term
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Definition
| No scrutiny for actions that satisfy business judgement rule (Coop board properly evicted douche tenant after unanonmous vote to evict) |
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Term
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Definition
| to establish a conversion, Plaintiff must establish an actual interference with his ownership or right of possession, if Plaintiff has neither title nor possession, he may not maintain an action for conversion. (Cancr patient did not intend to maintain possession of cancerous blood cells after their removal) |
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Term
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Definition
| Patents usuallly physical property is superior right to resale (b/c EXHAUSTION - once the owner buys the patented item exhausten precludes resale) --- if use w/o infrindgement is impossible, patent is invalidated |
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Term
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Definition
| Tm protects a specific product, "generick mark" is one that is known to denote a GENERAL TYPE of good or product category |
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Term
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Definition
| Enforcement of copyright protection is balanced against enforcement costs that limit public creativity and new ideas ( rejct infringement claim of playright based on ethnic stereotypes) |
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Term
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Definition
| Copyright does not prevent imitation, only statutes can prevent this (dress design cannot be copyright protected) |
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Term
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Definition
| The United States has exclusive title to land because of the discovery and conquest of America by Europeans. Thus, when title originally comes from the United States, that title has priority over any conveyance of land by an Indian tribe. For all parcels of land in America, the chain of title begins with the United States government. (Indians do not possess title, they cannot convey title to others) |
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Term
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Definition
| An american that finds a mineral depoist on uninhabited/ unclaimed island & takes PEACABLY, gives notice veriefied by afffidafied containing coordinates, has the exclusve right to occupy land and take guano |
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Term
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Definition
| it does not take actual harm to a person’s property for actual harm to occur when someone intentional trespasses upon that land. Egregious acts allow punitive damages exceeding nominal damage, even if no actual damage, because right to exclude others is fundamental (trailer deliveror violated owners express prohibition to use land for delivery) |
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Term
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Definition
| Homeowner/renter with less than 5 rooms for guest occupancy CAN DISCRIMINATE in choice BUT CANNOT DISCRIMINATE in public ads |
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Term
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Definition
| Private property owners can keep out whomever/ whatever they want, unless they serve public calling/ are a common carrier (Horse track allowed to keep out ticketholder, ticket merely a license to enter) |
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Term
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Definition
| Injuctive relief only granted for REPEATED trespassor ONLY IF this will have the desired effect on tresppaor & knowledge of trespass but continued to trespass (Fox hunting club trespassed on Dr.'s land and the club's dog bit the wife) |
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Term
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Definition
| WHEN NO POSSIBILITY OF SETTLEMENT strict property rule when dealing with encroachments; Trespass remedied in two ways: 1) permanent tresspass & compensate in damages, or 2) remove offending building/ structure (D built a wall and later discovered it went onto P land, an unintentional intrusion, must be removed) |
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Term
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Definition
| Balance of hardship tests ONLY used for good faith trespassers (slight underground encroachment caused by improper land record) |
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Term
| Producers Lumber v. Olney |
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Definition
| If the building upon the land of another was done in good faith the court will issue equitable relief. When a person erects upon the land of another without knowledge or consent the building belongs to the owner of the land, the builder is without remedy. IF the builder trespasses onto the land and destroys the building he commits waste. (developer destroyed house on another's land after settlement stalled) |
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Term
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Definition
| Nuisance cases of balancing interest between owner and other party, landowners can use land in any way proper that does not harm other landowners (drilling well ok, court denies claim by neighor who wanted but couldn’t install a septic system) |
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Term
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Definition
| subsequent purchasers can be responsible for previous use of property, provided sufficient notice of prior use (Ground contamination from parcel's previous owners) |
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Term
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Definition
| purchaser/ occupier can tack on previous land possessor's time of occupancy (deeds to summer beachhouse misrecorded long ago, subsequent parcel owners had good faith under COLOR OF TITLE since land deeds were improperly recorded) |
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Term
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Definition
| Bad faith adverse possessers will not gain title (neighbor who cleared rat infested field not given title b/c bad faith since she knew it was neighbor's land) |
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Term
| Coffin v. Left hand ditch |
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Definition
| Priority of apporpriation all exhaustion of resource (Def build many dams upstream, diverted stream entirely ) |
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Term
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Definition
| Reasonable use of flow judged on case by case basis, can right to control flow so long as it does not impact downstream users (Upstream mill vs. downstream mill) |
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Term
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Definition
| right to use land is not right to total contro, only control/ own that which the owner can use (Landowner under plane landing runway) |
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Term
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Definition
| subsequent transmissing along a close frequency isn't a nuisnace or tresspass if it is 1) minor and 2) harmless (Radio Station airs on frequency very close to old, popular station) |
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Term
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Definition
| Rule of construction of an ambigupus will favors conveyance of FSA ("to have the home to live in and NOT TO BE SOLD" conveyed FSA, not LE) |
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Term
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Definition
| Restrictions on alienability of FS conveyances fail, but restrictions on right to use are upheld (conveyance in FS CS which discontinued use of parcel as lodge would revert, use restriction kept but court severed sale restriction) |
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Term
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Definition
| A life tenant may not demolish his inherited building against the wishes of the remaindermen even if the property would be more valuable if demolished, action would constitute waste. (4 mansions can't be destroyed to erect APT) |
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Term
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Definition
| Creating an interest in 3rd parties that could take effect at an indefinite point in the future will be striken by rule against perpetuities (Grant to city for use as a library, indefinite reverter not upheld) |
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Term
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Definition
| Unless Instrument is explictly clear to create JT, statues will controll ambiguous grants to create TiC (Ambiguous will to 4 children, state statue trumped extrinsic evidence) |
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Term
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Definition
| Partition by sale involves wieghing the interest of all interestholders, partition by sale permitted if the division of the land is impractical or impossible (2 parties owned TiC, partition by sale would force sale of home and end home business) |
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Term
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Definition
| Tenant may collect share of rents and profits from common property if he had been ousted, can recover cost of NECESSARY REPAIRS in court judgement (2 TiC, one kept the other's cows from grazing on the land which prevented party from excercising use rights) |
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Term
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Definition
| A valid, properly executed mortgage destroys JT & becomes TiC b/c it transfers title (Mortgage didn't attach, therefore JT still valid/ didn't violate rule against transferability) |
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Term
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Definition
| Tenant's duty to pay rent not conditional on actual enjoyment of the land (English army invaded & T still had to pay rent) |
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Term
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Definition
| Warranty of commercialability does not apply for commercial tenants who use use for bsuienss purposes, parties have to agree or amend terms of the lease which can create contractual guarantees for specific purposes (T who leased land tainted by lead paint, all cows died but not warranty) |
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Term
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Definition
| Impleid warrant of habitability allows residents ability to stay in residence and withold rent till LL corrects issues (DC slum apts) |
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Term
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Definition
| LL has duty to mitigate damages after eviction, all Apts are not uniques and should be displayed equally (Dumped by fiance, can no longer afford rent) |
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Term
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Definition
| NO allowance for force/ violance for self help; JUDICIAL PROCESS Preferred (LL tried to force out bad restaurant through self help, court requires judicial eviction) |
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Term
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Definition
| LL cannot assign or divide own wrong --- Wrongful eviction, including partial eviction, by LL from part of the premises suspents duty to pay rent (Building brick wall blocked a shed and constituted constructed eviction) |
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Term
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Definition
| For Constructive eviction LL must have the power to take action against the offender & fix the issue, but LL FAILS TO FIX PROBLEM (Residential aprt made inhospitable by ground floor club) |
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Term
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Definition
| Security Deposits do not run with the land b/c they are a personal covenant & don not touch & concern the land (Tenant cannot collect SD from subsequent LL, despite terms of K which conveyed intent to run) |
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Term
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Definition
| An assignment transfres all interest, SUBSTANCE OF THE AGREEMENT CONTROLS successor Ts; T that pays LL directly is likely an assignment (go cart operator assigned lease, court disregarded Agreements wording & claim of sublease) |
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Term
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Definition
| Delivery of the deed must pass/ complete before owners death, deed must leave owners possession before death (no delivery for deed taken out of safety deposit box after transferor's death) |
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Term
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Definition
| Without inconsistency between language of the deed and its effects on the groun parol evidence not allowed; extrinsic evidence is to explain latent ambiguity or identify directional points NOT CONTRADICT THE DEED (deed did not reflect angled street,language of the deed controlled) |
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Term
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Definition
| Warranty of title not automatically breached by encumberance, when encumerance is open and notrious or in chain of title buyer offset this by paying less (GA home subject to flooding b/c Encumberance allowed a dam) |
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Term
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Definition
| Liability for T continues through end of closing (Uninsured building damaged by hailstorm during sale leaseback negotiation) |
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Term
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Definition
| A forged deed and void title and passes nothing (signature on blank piece of paper transferred to deed is FORGERY) |
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Term
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Definition
| Subsequent purchaser has the burden of proof that 1) no notice of prior transfer, and 2) valuable consideration (subseuent purchase by nephews -- who recorded deed -- not upheld b/c they knew of uncle holding title by not recording) |
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Term
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Definition
| For conditional land sales K the lendor is required to provide specific, clear notice that he will forclose if not paid on time; CANNOT do any actions that constitute waiver(Forfiture overruled despite K language, mortagee missing one of 8 annual payments, proper method is judicial sale) |
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Term
| Murphy v. Finanicial Development Corp |
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Definition
| Lender has FD to minimize the harm to the lender, not determined by actions of the bank but about perverse effects 1) insufficient notice, and 2) improper dealing with 3rd parties(private sale by mortagor in bad faith b/c 1) insufficient notice of sale 2) found buyer willing to give 27K more THAT DAY) |
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Term
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Definition
| Liscence is a right revocable at any time (race track/ private operator allowed to bar entery to tickethold b/c this is a license) |
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Term
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Definition
| Injunctive reflief for negative easement not given interfering with sight/ sound water of own land (hotel cannot get injunction to prevent building that will block sunlight) |
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Term
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Definition
| 1. If use does not serve the easement’s express purpose, it becomes an unauthorized presence, whether or not there is any noticeable burden on the servient estate (Easement for power lines does not allow subsequent cable installation "evoluntionary, not revolutionary changes permitted") |
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Term
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Definition
| licensee spends money to improve the property and licensor is aware of this, license essentially becomes a grant through estoppel (cannot estop easement for ingress/egress travel after building drivaway and house) |
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Term
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Definition
| Reciprocal negative easement - Land deeds with agreements not to take action in order to benefit entire neighborhood are uphold if 1) purchaser had notice and 2) agreement is present in chain of title (neighborhood w/ covenant not to build the garden) |
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Term
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Definition
| Implied negative reciprocal servitudes - buyer has notice of easemen in prior deeds or through universal development plan of the neighborhood/ community (Gas station not allowed in Detroit suburb w/ universal development) |
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Term
| Neoposit Property Owners Association |
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Definition
| 1. promises do not have to directly benefit the land to run, indirect benefits that benefits land run b/c they touch & concern ($4 homeowner fee that benefits entire neighborhood runs with the land) |
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Term
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Definition
| Zoning laws are constitutional (sewage treatment plant not allowed in residential neighborhood) |
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Term
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Definition
| Vague zoning codes that "capture neighborhood feel" are invalid, NOTICE PROBLEM (clear defined zoning laws provide clear notice to all) |
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Term
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Definition
| zoning restrictions of unrelated nonfamily tenants is constitutional |
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Term
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Definition
| Zoning that restricted tenancy to immediate family (didn't allow great stepchild) unconstitutional |
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Term
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Definition
| Racial/ class zoning unconstitutional |
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Term
| Detwieler v. zoning hearing |
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Definition
| Area variance—relax local zoning restrictions to fit the parcel in order to deny the landowner same rights and use as neighboring property owners (variance granted for rectangural lot in zoning law for square lost which required houses have strict dimensional bordered) |
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Term
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Definition
| STATES cannot impair contractual obligations (school charter); FEDS CAN |
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Term
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Definition
| Eminent Domain -- restraiin injurious use of property owner; state authority to enact police regulations includes, but is not limited to, such doctrines as" use your own as not to injure another's property, "and that the legislature has broad authority to exercise this power." (Boston wharf siezed & dock removed under police power) |
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Term
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Definition
| Regulatory taking -- taking is more readily found when the government has physically invaded the property than when interference arises from some public program adjusting the benefits and burdens of economic life to promote the common good(Air development regulating the prohibited building tall skyscraper atop Penn Central NOT A TAKING) |
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Term
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Definition
| Public use --- urban blight/ temporary redovelopment for is permissible public use AS LONG AS THERE IS A PAPERTRAIL to demonstrate good faith & honest belief that taking would benefit the market (Conn takes bad area for use as pfizer, permissible taking) |
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