Basics

Question 1

Property Elements

Answer 1

Rights
Persons
Things (Real Property / Personal Property)

Question 2

Property Law

Answer 2

Who is Superior to Whom?

Which THING are you talking about, the RIGHTS to it, and PERSONS superior

Question 3

Occupancy Theory

Answer 3

Occupancy + Intent (to possess) = Possession
Note: Occupancy does not equal Possession

Consider threshold visualization
-Difference between Nothing and Certain Dominion and Control

Question 4

The Commons

Answer 4

Able to be reduced to private property

Question 5

Ferae Naturae

Answer 5

Wild Animals

Question 6

Ratione Soli

Answer 6

Someone’s property on their own land

Question 7

Animus Revertendi

Answer 7

A domesticated animal

Question 8

Trover

Answer 8

Money Damages

Question 9

Conversion

Answer 9

Civil version of theft

Question 10

Replevin

Answer 10

Repossession

Question 11

Constructive

Answer 11

Pretend

Question 12

Hot Pursuit

Answer 12

take reasonable measures to prevent conversion

Question 13

Ad Coelum

Answer 13

You own up to Heaven and down to Hell

Question 14

Policy of Repose

Answer 14

Let’s get on with our lives

Question 15

Decedent

Answer 15

Dead person

Question 16

Testator

Answer 16

Grantor under a will

Question 17

Intestate

Answer 17

No will

Question 18

Issue

Answer 18

Lineal Descendant

Question 19

Abandonment

Answer 19

Intent to relinquish rights

Question 20

Right to Include/Exclude

Answer 20

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.”

Question 21

Right to Abandon

Answer 21

Personal Property?
Generally, yes

Real Property?
No

Question 22

Public Trust Doctrine

Answer 22

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).