Basics Flashcards
Property Elements
Rights
Persons
Things (Real Property / Personal Property)
Property Law
Who is Superior to Whom?
Which THING are you talking about, the RIGHTS to it, and PERSONS superior
Occupancy Theory
Occupancy + Intent (to possess) = Possession
Note: Occupancy does not equal Possession
Consider threshold visualization
-Difference between Nothing and Certain Dominion and Control
The Commons
Able to be reduced to private property
Ferae Naturae
Wild Animals
Ratione Soli
Someone’s property on their own land
Animus Revertendi
A domesticated animal
Trover
Money Damages
Conversion
Civil version of theft
Replevin
Repossession
Constructive
Pretend
Hot Pursuit
take reasonable measures to prevent conversion
Ad Coelum
You own up to Heaven and down to Hell
Policy of Repose
Let’s get on with our lives
Decedent
Dead person
Testator
Grantor under a will
Intestate
No will
Issue
Lineal Descendant
Abandonment
Intent to relinquish rights
Right to Include/Exclude
A private landowner’s right to exclude others from his or her land is “one of the most essential sticks in the bundle of rights that are commonly characterized as property.”
Right to Abandon
Personal Property?
Generally, yes
Real Property?
No
Public Trust Doctrine
The public must be given access to–and beneficial use of–property assets held in trust by the state for the benefit of the citizens (i.e.: navigable waters, the seacoast, national parks, air, electromagnetic spectrum, intellectual property).
