1-26

Question 1

Ownership

Answer 1

A person who has title to land or property

Question 2

Actual Possession

Answer 2

Immediate and direct physical control over property.

Question 3

Constructive Possession

Answer 3

No direct physical control or actual presence but possession with knowledge that ability and intent to have Dominion and control over property exist.

Question 4

Trespass to Chattels

Answer 4

An action to recover damages due to an intentional or negligent act that results in an injury to chattel by carrying away, injuring, destroying, or depriving the owner of possession.

Question 5

Trespass to Land

Answer 5

An action to recover damages due to an intentional or negligent act which results in the interference of the possession of land.

Question 6

Trespass on the Case

Answer 6

An action to recover damages which occur as a result of the negligent acts of another not covered by trespass to land or chattel.

Question 7

Trover

Answer 7

An action to recover damages for a wrongful conversion of personal property or recover actual possession.

Question 8

Replevin

Answer 8

An action to recover the possession of a thing taken rather than the value.

Question 9

Ejectment

Answer 9

An action to recover the possession of land by the one claiming the right to possession.

Question 10

Bailment

Answer 10

The delivery of personal property to another for the purpose under an expressed or implied contract.

Question 11

Adverse Possession

Answer 11

Acquiring title to real property by possession against all others, through certain acts for the period of time required by statute. To establish title, there must be proof of use which is: Actual, Open and Notorious, Continuous, Hostile and under claim of right, Exclusive.

Question 12

Actual (A.P.)

Answer 12

Physical presence on the property

Question 13

Open and Notorious (A.P)

Answer 13

Possession of such character putting the true owner on notice.

Question 14

Continuous (A.P.)

Answer 14

Occupation for the statutory period or 21 years at common law.

Question 15

Hostile and Under a Claim of Right (A.P.)

Answer 15

Acting as the owner and with the intent to claim property as own and without true owners permission.

Question 16

Exclusive (A.P.)

Answer 16

No one’s presence on the property without the adverse possessor’s consent.

Question 17

Color of Title

Answer 17

Claim of ownership based on a written instrument which purports to convey title but fails because it’s invalid or defective.

Question 18

Tacking

Answer 18

Act by present adverse possessor adding prior possessors period of possession to his to establish a continuous possession for the statutory period necessary for adverse possession. Must be privity of estate between parties.

Question 19

Present Estate +

Answer 19

Interest in land, which gives a present right to possession.

Question 20

Future Estate +

Answer 20

Interest in land which may or will give entitlement to future possession of estate

Question 21

Fee Simple Absolute

Answer 21

Largest estate permitted by law. Holder has full possessory rights now and in the future. Unlimited as to duration, disposition, and descendability.

Question 22

Defeasible Fee =

Answer 22

Present interest, which can be infinite in duration and can be terminated by the happening of a specified event or condition.

Question 23

Fee Simple Determinable (Reverter)

Answer 23

Type of defeasable fee. AUTOMATICALLY terminates on the happening of a stated event and reverts back to the grantor.( Possibility of Reverter)

Question 24

Fee Simple subject to a Condition Subsequent (Right of Re-entry)(Must exercise)

Answer 24

Type of deasable fee. Grantor has the right(Right of re-Entry) to terminate the estate of the grantee upon the happening of a specified event.(Grantor must exercise right)

Question 25

Right of Re-Entry *

Answer 25

Future interest in grantor giving him the right to terminate grantees estate upon the happening of a specific event.( Fee Simple to Condition Subsequent)(Grantor must exercise right)

Question 26

Possibility of Reverter *

Answer 26

Future interest in grantor. Upon the happening of a stated event the estate automatically revert back to grantor.(Fee Simple Determinable)