1-26 Flashcards
Ownership
A person who has title to land or property
Actual Possession
Immediate and direct physical control over property.
Constructive Possession
No direct physical control or actual presence but possession with knowledge that ability and intent to have Dominion and control over property exist.
Trespass to Chattels
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.
Trespass to Land
An action to recover damages due to an intentional or negligent act which results in the interference of the possession of land.
Trespass on the Case
An action to recover damages which occur as a result of the negligent acts of another not covered by trespass to land or chattel.
Trover
An action to recover damages for a wrongful conversion of personal property or recover actual possession.
Replevin
An action to recover the possession of a thing taken rather than the value.
Ejectment
An action to recover the possession of land by the one claiming the right to possession.
Bailment
The delivery of personal property to another for the purpose under an expressed or implied contract.
Adverse Possession
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.
Actual (A.P.)
Physical presence on the property
Open and Notorious (A.P)
Possession of such character putting the true owner on notice.
Continuous (A.P.)
Occupation for the statutory period or 21 years at common law.
Hostile and Under a Claim of Right (A.P.)
Acting as the owner and with the intent to claim property as own and without true owners permission.
Exclusive (A.P.)
No one’s presence on the property without the adverse possessor’s consent.
Color of Title
Claim of ownership based on a written instrument which purports to convey title but fails because it’s invalid or defective.
Tacking
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.
Present Estate +
Interest in land, which gives a present right to possession.
Future Estate +
Interest in land which may or will give entitlement to future possession of estate
Fee Simple Absolute
Largest estate permitted by law. Holder has full possessory rights now and in the future. Unlimited as to duration, disposition, and descendability.
Defeasible Fee =
Present interest, which can be infinite in duration and can be terminated by the happening of a specified event or condition.
Fee Simple Determinable (Reverter)
Type of defeasable fee. AUTOMATICALLY terminates on the happening of a stated event and reverts back to the grantor.( Possibility of Reverter)
Fee Simple subject to a Condition Subsequent (Right of Re-entry)(Must exercise)
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)
Right of Re-Entry *
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)
Possibility of Reverter *
Future interest in grantor. Upon the happening of a stated event the estate automatically revert back to grantor.(Fee Simple Determinable)
