Shared Flashcard Set

Details

Property
Property Law 1
68
Law
Post-Graduate
12/08/2008

Additional Law Flashcards

 


 

Cards

Term
What is property?
Definition
Set of relationships:

Rights, privileges, powers, immunities
Term
Acquisition by Discovery Cases
Definition
Johnson v. M'Intosh
Term
Johnson v. M'Intosh Rule
Definition
The discovery or conquest of a given land gives a country the exclusive title to that land.
Term
Acquisition by Capture Cases
Definition
Pierson v. Post
Ghen v. Rich
Keeble v. Hickeringill
Term
Pierson v. Post
Definition
Fox

Rule: property of animal is acquired in the occupancy of the animal. Custom was not upheld.
Term
Ghen v. Rich
Definition
Whale

Rule: When all that is practicable is done to secure animal, it becomes the property of the hunter. Custom upheld to promote industry as well as give greatest benefit.
Term
Keeble v. Hickeringill
Definition
Ducks:
Rule: Where a violent or maicious act is done to a man's occupation, profession, or way of getting a livelihood, there an action lies.
Term
Acquisition by Creation Cases
Definition
INS v. Associated Press

Cheney Brothers v. Doris Silk Corporation

Smith v. Chanel, Inc.
Term
INS v. AP
Definition
News is quasi property and the value diminishes with use therefor upheld right to exclusive dissemination.

Instrumental Ends: certainty, stability, fairness, etc.
Term
Cheney Brothers v. Doris Silk
Definition
Value of silk is not diminished. We want to promote competition.
Term
Smith v. Chanel, Inc.
Definition
Copying serves public interest by offering comparable goods at lower prices.
Term
Right to include/exclude
Definition
Jaque v. Steenberg

State v. Shack
Term
Jaque v. Steenberg
Definition
Punative damages to encourage people to use the law and avoid self-help remedies
Term
State v. Shack
Definition
Property rights serve human values
Term
Acquisition by find rules
Definition
Finder Rule
Owner of locus Rule
Tresspasser Rule
Term
Finder Rule
Definition
Finder has rights over all except true owner and prior possessors.
Term
Owner of Locus Rule
Definition
Landowner possesses everything attached to or under his land.
Term
Lost Property Cases
Definition
(1) Armory v. Dlamirie- Jewel/sweep
(2) Bridges v. Hawkesworth- Money in shop
(3) Hannah v. Peel- brooch
Term
Mislaid Property Cases
Definition
McAvoy v. Medina- wallet in barber shop
Term
Adverse Possession Elements
Definition
1. Open and Notorious
2. Actual Entry
3. Hostile, adverse, or under a claim of right
4. Continuous
5. Exclusive
Term
Open and Notorious
Definition
Manillo v. Gorski
Term
Manillo v. Gorski
Definition
Sidewalk encroachment,

Main v. Connecticut Doctrines
Term
Maine Doctrine
Definition
Hostile intent is required
Term
Connecticut Doctrine
Definition
Hostile intent is not requried; must act like true owner but mental state does not matter.
Term
Van Valkenburgh v. Lutz
Definition
In NY- without color of title, need cultivation and enclosure.
Term
Color of Title
Definition
Actual possession trumps constructive possession. Statute of limitations is shorter in some states with color of title.
Term
Tacking
Definition
American Rule- allowed if there is privity

English Rule: No privity is necessary: focus on owners sleeping on rights and scarcity of land.
Term
Howard v. Kunto
Definition
Summer home- used as true owner would.
Term
Disabilities and Adverse Possession
Definition
Must be present when AP begins to postpone running of SOL

States have statutes for how long after; ex. 10 years.
Term
Chattels, AP
Definition
SOL does not begin until it is discovered who has the property.
Term
Acquisition by Gift elements
Definition
1. Intent
2. Delivery
3. Acceptance
Term
Inter Vivos Gift
Definition
Irrevocable transfer between living persons
Term
Gift Causa Mortis
Definition
Gift made in anticipation of death

May be revoked when:
Owner reserves control until death
some JX auomaticaly revocate when donor recovors
Can't be real estate.
Term
Newman v. Bost
Definition
Gave bedroom furniture while on deathbed with intention of giving everything in house. Court held, must have given some sort of delivery for everything other than furniture in her bedroom. Intrumental approach.
Term
Gruen v. Gruen
Definition
May reserve a life estate in an inter vivos gift of chattel as long as elements are satisfied.
Term
Possibility of reverter
Definition
Follows fee simple determinable
Term
Right of re-entry
Definition
Follows fee simple on condition subsequent (not automatic)
Term
Right of re-entry
Definition
Follows fee simple on condition subsequent (not automatic)
Term
Fee Tail
Definition
To a and heirs of his body
Term
Reversion
Definition
Grantors interest in a life estate
Term
Remainder
Definition
Third parties interest in a life estate
Term
Vested Remainder
Definition
No condition precedent
Ascertained person
Term
Contingent Remainder
Definition
Unascertained person
or
Condition precedent
Term
White v. Brown
Definition
"home to live in and not to be sold" Trial court held as life estate, appeals court gave fee simple. COURTS PREFER FEE SIMPLE
Term
Fee simple subject to an executory limitation
Definition
Third party

1. Shifting (out of grantor's estate)
2. Springing (out of grantees estate)
Term
Mahren holz v. County board of School trustees
Definition
"this land to be used for school purposes only, otherwise to revert to Grantors herein" FSD CREATED.
Term
Odd Fellows v. Toscano
Definition
Clause restricting use upheld on analysis of five factors:

1. Remedy
2. Buyers available
3. Uses of the lands
4. If it discourages improvement
5. Wether it will encourage charitable giving if upheld.
Term
Vested remainder subject to divestment
Definition
After words giving a vested itenerest, a clause is added divesting it.
Term
Vested Remainder subject to Open
Definition
Vested reaminder in at least one ascertained person with possibility of more in class (partial divestment).

To A then to A's heirs. (one heir must be alive at time of grant)
Term
RAP
Definition
Must vest, or fail to vest, within 21 years after death of validating life.

Applies only to :
1. Contingent Remainders
2. Executory Interests
3. Class Gifts
Term
Executory Interest
Definition
Third parties interest cuts short the preceding estate (other than the natural end).
Term
Springing Executory Interest
Definition
Cuts short the grantor. Usually after a gap in possession.
Term
Shifting Executory Interest
Definition
Divests transferee not grantor.

O to a as long as blackacre is used for farming then to b and his heirs.
Term
Validating lives
Definition
Must be alive at time of conveyance.
Must necessarily be part of the conveyance. (but does not need to be mentioned)
Term
Tenancy in Comon
Definition
Preferred.

Seperate but undivided interests.

Can mortgage or sell interest.
Term
Joint Tenancy with right of suvivorship
Definition
Must share Time, title, interest, possession.

Each has an equal, undivided share with right to possession of the entire property.

Must be specified in conveyance (can't be inherited)

May transfer interest to self or other and destroy right of survivorship. Riddle v. Harmon
Term
Tenancy by the Entirety
Definition
Same as joint tenancy but must convey property together and must be married.

Replaced in most states by Community Property.
Term
Partition by sale
Definition
If:
1. physical attributes of the land are such that a partition in kind is impracticable or ineequitable
2. and, interests of owners better promoted by sale.
Term
Spiller v. Mackereth
Definition
Co-tenants demand for rent in warehouse.

Generally, co-tenants cannot be held liable to co-tenants for rent if they have the full right to use premises.

Exception: Ouster.
Term
Swarzbaugh v. Sampson
Definition
The act of one tenant without the authority of the co-tenant cannot bind or prejudically affect the rights of that cotenant. A lease from one joint tenant is valid to the extent of his interest in the joint property. Can't sever joint tenenacy.
Term
Term of Years
Definition
specified end date but can be terminable upon the happening of some event or condition.
Term
Periodic tenancy
Definition
Month to month,etc.

Requires one period notice except for 1 year lease, 6months notice.

If no notice, automatically extends.
Term
Fair Housing Act
Definition
Enacted in 1968.

Cannot discriminate on basis of race, color religion, sex, handicap, familial status, or national origin.
Term
Civil Rights Act
Definition
1866

No racial descrimination
Term
Delivery of Possession
Definition
American Rule
Requirement of landlord to put tenant in LEGAL possession not actual possession.

English Rule
Requires landlord to put tenant in actual possession.
Term
Sublease vs. Assignment
Definition
Modern rule is to govern according to intention rather than wording.

Sublease- anything less than entire period

Assignment- full period.
Term
Withholding Consent
Definition
Traditional Majority Rule
May withhold arbitrarily

Modern Minority Rule
May withold consent for commercially reasonable objections.

Only applies to commercial leases.
Term
Mitigation
Definition
Modern Trend is that landlords must attempt to mitigate.
Supporting users have an ad free experience!