4, 5 - AP, Gifts, RtE Flashcards
Adverse Possession General
OCEAN-H after 20
Qualification of Right - Affirmative duty of Landowners
Benefits: protects reliance interests, punishes unproductive use
Key: Use how a normal landowner would use
*CA must pay final 5 years of taxes
Adverse Possession - Tacking
Yes - w/ Privity (Relationship or Agreement)
Ouster = Pause then resume
Legal Ouster = restart
Abandonment = restart
OCEAN-H
Open - not hiding, so true owner can see
Notorious - People in Neighborhood can observe
Exclusive - as normal owner
Actual - fencing, buidling, color of title
Continuous - as normal owner (e.g. summer homes)
Hostile - no permission
AP for Chattel
AP - O&N difficult; Piano in home - states split
Discovery Rule (CA, NJ) - owner must exercise reasonable diligence; if seeking - SoL doesn’t start. Knew or should have know - SoL starts. If registration - GFB should look up
Demand and Refusal (NY) doesn’t run until AP refuses to give up
Doctrine of Laches - owner can’t sit on rights
Discovery Rule
P must plead:
(1) time and manner of discovery AND
(2) the inability to have made earlier discovery despite due diligence
Gifts Requirements (3)
Intent: Present intent to irrevocably part
Delivery: Physical (car) , Constructive (keys) or Symbolic (letter or deed)
Acceptance: presumed if beneficial; debt - opportunity to reject
Gift Types
Intervivos - during life = irrevocable
Causa Mortis - Contemplation of imminent death - revocable upon recovery
Condition Subsequent - engagement ring (CA - return if broken off by receiver; MN - never)
Adverse Possession - Hostility Types
Boils down to 2 situation - GF accepted or BF required Objective (CT) - actual occupancy Good Faith (CA accepted, NY required)- mistake thought you owned Bad Faith (ME required, others forbidden) - know you don't own
Right to Exclude General
Most Important in bundle of rights
Good until conflicts with others rights (seeks balance)
Right to Exclude Limitations
Navigable Air - not yours
Control - cave entrance
Fugitive resources - may escape
Necessity - for trespasser
Remedies may take into account circumstances - journalism
Trespass to ensure constitutional interests - privacy, dignity and free association
Limitations on destruction
Intentional Trespass
Harmful to Society - punitive damages deter activity and set example (otherwise self-help)
exception - emergency (e.g. running from storm)
Alternative - Fair Trespass (benefit, nature, amount, impact)
Quasi-Public Property
Must provide reasonable access 3 Part Balancing Test: Nature and Purpose Extent and Nature of Public Invitation Purpose of Activity Being Challenged
Public Trust Doctrine
Always give access to public lands
Beach Test 4 part Balancing Test
1 - Supply - Location of the dry sand area in relation to the foreshore
2 - Supply (scarcity) - extent and availability of public beaches
3 - Demand - Nature and extent of public demand
4 - Prior Use - owners usage of dry sand
Right to Destroy
Private incentive v Public Goods
1 - couldn’t destroy home by request in will. Because no benefit, violated subdivision plan, external effect (like missing teeth
2 - Anti-commons in Austria protect - divide into small pieces for $2 and everyone has veto right
Quasi-Public Property - Federal Laws
Civil Rights act of 1866 - race; only state actors
Civil Rights act of 1964 - race, color, religion, national origin (not to sex)
applies to establishments open to public - hotels, restaurants, amusement
doesn’t apply to establishments not open to public - private clubs
No Damages - submit to state agency
