Black Letter Law Flashcards
1
Q
[Acquisition by Capture]
Pierson v. Post
A
A Hunter must either trap or mortally wound a wild animal in order to acquire title to it.
2
Q
Constructive Possession
A
Dominion and control over an object, though not physical possession.
3
Q
Ghen v. Rich
A
Title to a wild animal is acquired when a hunter apprehends the beast in accordance with custom.
4
Q
Statute of Limitations
A
The time period that a person must possess an object before he takes title to it.
5
Q
Keeble v. Hickeringill
A
A person may not maliciously prevent another from capturing wild animals in the pursuit of his trade.
6
Q
[Acquisition by Creation]
[Intellectual Property]
International News Service v. Associated Press
A
Where a company has expended resources in creating news and information, the creator can exclude others from copying it until its commercial value as news has passed away.
7
Q
Cheney Brothers v. Doris Silk Corp.
A
Unless the common law or the patent or copyright statutes give protection from appropriation, a person’s property interest is limited to the chattels which embody his creations.
8
Q
First Possession
A
Acquisition of property by discovery, capture, and creation.
9
Q
[Property in One’s Person]
Moore v. Regents of the University of California
A
A doctor has a duty to disclose the extent of his research and economic interests in a patient’s body parts. Human body parts are not properly such that they may be converted.
10
Q
Bundle of Rights/Bundle of Sticks
A
A collection of rights which taken together characterize property ownership.
11
Q
Conversion
A
The taking of the right of ownership to propert from another.
12
Q
Demurrer
A
An answer by a defendant alleging that a plaintiff has alleged nothing that entitles him to a remedy.
13
Q
Fiduciary Duty
A
The duty to act in the interest of another.
14
Q
Sui Generis
A
Unique; one-of-a-kind.
15
Q
Jacque v. Steenberg Homes, Inc.
A
Punitive damages may be imposed for intentional trespass to property.
16
Q
State v. Shack
A
Property rights may not be exercised so as to endanger the well-being of others.
17
Q
Vested
A
to take control of. One is vested of an estate in land when he has an immediate right to present or future enjoyment; the possibility of the right to future enjoyment is not good enough to be vested.
18
Q
[Acquisition of Property by Find]
Armory v. Delamirie
A
Facts: Armory found a jewel and took it to Delamirie’s jewelry shop. Delamirie refused to return the jewel.
BLL: Finder of Lost Property has a title superior to all but the true owner.
19
Q
Trover
A
A suit to recover the value of the Ps chattel that the D has converted.
20
Q
Hanna v, Peel
A
Facts: Hanna found a brooch on Peel’s property. Peel never lived on his parcel of property.
BLL: If the owner of property has never occupied his land, the finder of property on this land has a superior title against the land owner.
21
Q
Freehold
A
An estate in land that entitles one to current possession, sale, etc.
22
Q
McAvoy v. Medina
A
Facts: A customer of the shop owner placed his wallet on the counter, but neglected to remove it. McAvoy found the wallet.
BLL: A finder has not title to property that is mislaid.
23
Q
[Acquisition by Adverse Possession]
Van Valkenburgh v. Lutz
A
Lutzes, occuoied the van Valkenburgh’s land by building a one bedroom shack on it, u cultivating a garden on it, and by storing rubbish on it. In another action to establish a right of way across the land, the Lutzes admitted that the land belonged to the Van Valkenburgh’s.
BLL: In order to acquire title by adverse possession, possession must be:
- Actual
- Under claim of title
- and the land must either be enclosed or sufficiently improved.
24
Q
Divest
A
To Take a right of ownership away from.
25
Easement
Right to use land.
26
Easement by Adverse Possession
The right to use the property of another acquired under the doctrine of adverse possession.
27
Vest
To give a present right to ownership.
28
[Mechanics of Adverse Possession]
| Howard v. Kunto
Facts: Three adjacent landowners each held deeds that did not coincide with the actual legal descriptions of the physical properties.
BLL: Tacking on successive possessions of property is permitted for purposes of establishing adverse possession if the successive owner are in privity.
29
Adverse Possession
a method of acquiring title to real property by possession for a statutory period under certain conditions, especially a nonpermissive use of the land with a claim of right when that use is continuous, exclusive, hostile, open and notorious.
30
Privity
The connection or relationship between two parties, each having a legally recognized interest in the same subject matter (such as a transaction, proceeding, or piece of property); mutuality of interest.
31
Tacking
The joining of consecutive periods of possession by different persons to treat the periods as one continuous period; especially, the adding of one's own period of land possession to that of a prior possessor to establish continuous adverse possession
32
O'Keeffe v. Snyder
Facts: Three of O'Keeffe's paintings were stolen from an art gallery. The thefts were not reported to anyone.
BLL: The statute of limitations is tolled if the owner of stolen chattel makes diligent efforts to locate and recover the lost chattel. (Court makes it harder to obtain title to personal property by adverse possession).
33
Conversion
to take property from another
34
Discovery Rule
the rules by which one may obtain title to chattels by adverse possession. It provides that the statute of limitations does not run if the true owner uses diligence to discover the possessor of his property.
35
Legatees
A person who takes property under a will.
36
Replevin
An action to regain possession.
37
Voidable Title
Title which remains valid until the true owner asserts ownership.
38
Newman v. Bost
Facts:After giving the keys to much of the furniture in the house to Newman (P), the decedent pointed to the furniture and said to Newman (P) that he was giving it all to her. In one of the pieces of furniture was a life insurance policy.
BLL: Symbolic delivery of a gift is not effective. Constructive delivery is allowed only when it is impractical to deliver actual possession. (Court makes it more difficult to give gifts).
39
Administrator
A person appointed by a testator to carry out the directions in his will.
40
Donation Causa Mortis
A gift made when death is impending.
41
Estate
The accumulated property and legal rights of a deceased person.
42
Gift Causa Mortis
A gift made when death is impending
43
Gift Inter Vivos
A gift made while alive and healthy.
44
Intestate
One who has dies without a will; the estate of one who has died without a will.
45
Statute of Wills
The statute enacted in England which allowed persons to dispose of their property at death as they desired.
46
Testator
One who has made a will.
47
Gruen v. Gruen
Facts: The elder Gruen gave Gruen (P) a painting but reserved a life estate for himself. Gruen (P) has never had possession of the painting. (Court makes it easier to give gifts).
48
Constructive Delivery
Delivery of the means by which property may be possessed.
49
Life Estate
A possessory estate in property that has one's life as the measure of duration.
50
Remainder Interest
An interest in property that is not currently possessory, but will become possessory in the future.
51
Reserve
To keep for oneself rather than conveying to another.
52
Symbolic Delivery
Delivery in the eyes of the law; the performing of some act that represents delivery, such as executing a writing.
53
Testamentary
Pertaining to a will.
54
[Possessory Estates]
(The Life Estate)
White v. Brown
Facts: Jessie Lide died leaving a will stating "I wish Evelyn White (P) to have my home to live in and not be sold...My house is not to be sold."
Issue: Unless a contrary intention appears by the terms of the will and its context, does a will convey a testator's entire interest?
BLL: Unless a contrary intention appears by the terms of the will and its context, a will conveys a testator's entire interest. (Court's presume that a conveyance of real property in a will was intended to convey a fee simple estate, unless contrary intent is demonstrated).
55
Alienation of Property
The principle that the owner of a piece of property should be able to sell or use the land as he or she sees fit, without limitation by the former owner.
56
Estate
the extent or nature of one's interest in property. Also, the sum total of all of one's property at death.
57
Fee Simple
The largest estate in land that one may own.
58
Life Estate
An estate that lasts either for the life of the owner or the life of another person.
59
Remainder
The future interest that becomes possessory after the expiration of some intervening estate.
60
Restraint of Alienation
A restriction on the sale or conveyance of property.
61
Baker v. Weedon
Facts: Weedon left a life estate to Weedon (P) and a remainder to the Bakers (D). Weedon (D) wishes to sale the land now to reap its value; Bakers (P) wishes to retain ownership of the land to allow its value to increase.
Issue: Shall a trial court order a judicial sale only if it is in the best interest of all parties?
BLL: A trial court shall order a judicial sale only if it is in the best interest of both the freehold tenant and the holder of the future interest. (In ordering a sale of land, courts must balance the interests of those who have a present interest and those with a future interest).
62
Economic Waste
To allow land to depreciate in value; to not put land to its best and most valuable use.
63
Future Interest
An interest in land that is not currently possessory.
64
Remaindermen
Those persons who have an interest in property that will not become possessory until some intervening estate has expired.
65
Trust
A legal entity created by one person for the benefit of another; usually the trustee has legal title to the property, and the beneficiary is entitled to the income from the trust.
66
[Defeasible Estates]
| Mahrenholz v. County Board of School Trustees
Facts: The Huttons conveyed land to the school board (D) "to be used for school purposes only." Subsequently, the school used the land for storage.
Issue: Does language such as "to be used for school purposes only" create a fee simple determinable?
BLL: Language such as "to be used for school purposes only" creates a fee simple determinable. (Court distinguishes between language which creates a fee simple determinable and fee simple on condition subsequent).
67
Defeasible Fee Simple
A fee simple estate in land which can be divested if a pre-determined condition subsequent actually occurs.
68
Fee Simple Determinable
A fee simple which is divested from the owner and reverts back to the grantor upon the occurrence of a pre-determined condition subsequent.
69
Fee Simple Subject to Condition Subsequent
A defeasible fee which gives the grantor the right to retake the land from the grantee if a pre-specified condition subsequent actually occurs.
70
Inter Vivos Conveyance
A conveyance made while grantor is alive.
71
Possibility of Reverter
The future interest that corresponds to the fee simple determinable. If the pre-specified condition subsequent occurs, the property automatically reverts to the grantor (who is the holder of the possibility of reverter).
72
Mountain Brow Lodge No. 82, Indpt. Order of Odd Fellows v. Toscano
Facts: A deed provided that a lot shall revert back to the grantor if the grantee, a lodge (P), either failed to use the lot or attempted to sell it.
Issue: May the use of the land be restricted in a conveyance?
BLL: The use of land may be restricted in a conveyance. (A condition which prohibits the sale of land is a restraint on who may use the land is void unless a fee simple subject to condition subsequent is intended).
73
Habendum Clause
The portion of a deed which describes the restrictions or limitations that go along with the property being conveyed.
74
Ink v. City of Canton
Facts: The descendants of Harry Ink conveyed to the City of Canton (P) land to be used for park purposes only, subsequently, the state of Ohio instituted eminent domain proceedings against the land.
Issue: Should the proceeds from an eminent domain proceeding be divided between the hold of the fee simple on condition subsequent and the holder of the reverter?
BLL: THe proceeds from an eminent domain proceeding are to be divided between the holder of the fee simple on condition subsequent and the holder of the reverter. (Court rules that proceeds from eminent domain proceeding are to be divided between the holder of the fee simple determinable and the holder of the reverter).
75
Eminent Domain
The right of a state to take private property for public use (the state, however, must pay for the property.
76
Rules against Perpetuities
Common law rule which holds that no contingent interest will be permitted unless that interest must vest, if at all, within a certain period of time determined by a life in being at the creation of the contingent interest plus twenty-one years.
77
[Co-Ownership and Marital Interests]
(Severance of Joint Tenancies)
Riddle v. Harmon
Facts: Mrs. Riddle did not want her husband to get their land automatically when she died, so she tried to sever the joint tenancy without him.
Issue: Can a joint tenant unilaterally sever a joint tenancy without the use of an intermediary by conveying his or her interest to himself or herself?
BLL: A joint tenant can unilaterally sever a joint tenancy without the use of an intermediating third party by conveying his or her property interest to himself or herself. (Cali. appellate court holds that a joint tenant may sever a joint tenancy by conveying his or her interest in the property to himself or herself without the use of a third person "strawman").
78
Feoffee
The person to whom a fee, or interest in land, is conveyed; the grantee.
79
Feoffment
The granting of an interest in land under English common law.
80
Feoffor
The person who conveys a fee to another person; the grantor.
81
Jus Accrescendi
The right of the surviving joint tenant or tenants to take the whole estate upon the death of one or more of the other joint tenants; the right of survivorship.
82
Livery of Seisin
Element of the common law ceremony of feoffment by which a feoffor would hand over a symbol of the land being conveyed, such as a lump of the soil or a branch, to the feoffee as a means of transferring possession of the land.
83
Strawman
A third party who receives property from a joint tenant with the intent to convey the property right back to the joint tenant with the purpose of helping to sever the joint tenancy.
84
Harms v. Sprague
As a favor to Sprague, John mortgaged his and William's land, without telling William, and later devised everything to Sprague when he died.
Issue: (1) Is a joint tenancy severed when one joint tenant mortgages his or her interest in the property? (2) Does such a mortgage become a lien on the property after the death of the mortgagor?
BLL: A mortgage does not sever a joint tenancy, and the surviving joint tenant takes the interest of a deceased joint tenant without being encumbered by the mortgage. (Illinois Sup. Ct. holds that a mortgage granted by one joint tenant does not sever the joint tenancy and does not survive the death of the mortgagor as a lien on the property).
85
Lien
a claim secured by property for payment of a debt.
86
Mortgage
An interest in land which provides security for the payment of a debt, such as a loan, or the performance of a specific duty.
87
Mortgagee
Person that loans money to another in exchange for that person's title to the land being used as the security for the loan; the person who "receives" the mortgage.
88
Mortgagor
Person who gives legal title or lien to a mortgagee in order to secure a mortgage loan; the borrower, or debtor, in a mortgage transaction.
89
Promissory note
A written promise to pay a specific sum of money at a given time, or on demand, to a specific person.
90
Redemption
The right to repurchase land and free it from the foreclosure of a mortgage.
91
Title Theory
Theory of mortgage law that states that until a mortgage is satisfied, or foreclosed, a mortgagor retains the right to possession of the property and legal title to the property belongs to the mortgagee.
92
[Relations Among Concurrent Owners]
| Delfino v. Vealencis
Facts: The Delfinos owned 99/144 of the property and wanted a residential development, while Vealencis owned 45/144 and wanted to keep her garbage business on it.
Issue: Can a partition by sale be ordered when a physical partition is possible, and a partition by sale would protect the interests of the owner of a larger share of the property over the owner of the other share? (No)
BLL: A partition by sale should only be ordered if the physical attributes of the land in question are such that a partition is impracticable or inequitable, and the interests of the owners would be better promoted by a partition sale. (Conn. Sup. Ct. holds that where the home and garbage business of a tenant in common are located on concurrently owned property, a partition by sale cannot be ordered as it would not be in the best interests of all parties involved).
93
Partition by Sale
a court-ordered division of land held by joint tenants or tenants in common by which the land is sold and the proceeds are dicided among the tenants according to the size of their interests in the land.
94
Partition in Kind
a court ordered physical division of land held by joint tenants or tenants in common by which each tenant's interest is converted into a parcel taken from the whole, and each tenant then takes exclusive possession of their share of the land.
95
[Marital Interests]
(Common law marital property system - still married)
Sawada v. Endo
Facts: Kokichi and Ume Endo conveyed their property to their sons the same day that Kokichi got into an auto accident that injured the Sawadas.
Issue: Is the interest of one spouse in real property, held in tenancy by the entireties, subject to levy and execution by his or her creditors? (No)
BLL: An estate by the entirety is not subject to the claims of creditors of only one of the spouses because neither spouse acting alone can transfer his or her interest. (Hawaii Sup. Ct. holds that the conveyance of marital property by a husband and wife to their sons did not defraud the husband's judgment creditors because a tenancy by the entirety is not subject to the creditors of one spouse).
96
(Termination of Marriage by Divorce)
| In re Marriage of Graham
Facts: Flight attendant supports husband through business school, covering seventy percent of their expenses, and after he graduates they get a divorce.
Issue: Does a person's education constitute property which can be divided between spouses in the event of a divorce? (No)
BLL: An educational degree is not property , and therefore is not subject to division upon divorce. (Colo. Sup. Ct. holds that an MBA and the increased earning power it provides do not constitute marital property and thus are not subject to division upon divorce).
97
Maintenance
Financial Support or assistance paid by one spouse to another after divorce; alimony.
98
Elkus v. Elkus
Facts: Beginning opera singer marries a voice coach, and after her career skyrockets while he coaches her during marriage, he wants his share upon divorce.
Issue: Does an increase in the value of one spouse's career, when brought about by the efforts of the other spouse, constitute marital property which can be equitably divided? (Yes)
BLL: An increase in the value of one spouse's career, when it is the result of the efforts of the other spouse, constitutes marital property and is thus subject to equitable distribution.
99
(Rights of Domestic Partners)
| Goodridge v. Dept. of Public Health
Facts: Fourteen homosexual citizens seeking to enter into same-sex marriages challenged the Commonwealth's policy of excluding same-sex marriages.
Issue: May the commonwealth of Mass. constitutionally deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry? (No).
BLL: A governmental ban on same sex marriage bars the guarantees of due process and equal protection under the Mass. Constitution. (Same-sex partners are entitled to the benefits, liabilities, and obligations of civil marriage).
100
Civil Marriage
A wedding ceremony conducted by an official, such as a judge, or by some other authorized person - as distinguished from one solemnized by a member of the clergy.
101
Equal Protection
The constitutional guarantee under the 14th amendment that the government must treat a person or class of persons the same as it treats other persons or classes in like circumstances.
102
Due Process
The conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case.
103
Rational-Basis Test
A principle whereby a court will uphold a law as valid under the Equal Protection Clause or Due Process Clause if it bears a reasonable relationship to the attainment of some legitimate governmental objective.
104
Chapter 6 Leaseholds: The Law of Landlord and Tenant
(Tenancy at Will)
Garner v. Gerrish
Facts: Donovan leased house to Gerrish (D) for as long as Gerrish wished.
Issue: If a lessee may terminate a lease when he pleases, is a determinable life tenancy created? (Yes)
BLL: If a lessee has the option of terminating a lease when he pleases, a determinable life tenancy is created.
105
Lessee
One who leases land from another.
106
Lessor
One who leases land to another.
107
Quiet Enjoyment
A covenant, implied if not expressly incorporated into a lease, which states that a lessor shall not interfere with the lessee's ability to enjoy the premises.
108
Summary Proceeding
An expedited procedure for evicting a tenant.
109
Tenancy at Will
One who may possess so land as long as both he and the landlord desire.
110
(The Tenancy at Sufferance: Holdovers)
| Crechale & Polles, Inc. v. Smith
Facts: When Smith (D) held over past the expiration of his lease, Crechale (P) decided to treat Smith as a trespasser. Later, he decided to hold him over to a new term.
Issue: If a landlord elects to treat a holdover tenant as a trespasser, may he subsequently change his mind and hold him to a new term? (No)
BLL: One a landlord elects either to treat a hold-over as a trespasser or to hold him to a new term, he may not change his mind. (Court limits a landlord's options: once a landlord elects to either hold a tenant over or treat him as a trespasser, he may not change his mind).
111
Evict
A legal proceeding to remove a non-owner from possession.
112
Holdover
One who stays in possession of leased premises longer than he is entitled
113
Month-to-Month Lease
A lease that has a term of one month, but which may be renewed for a month if both parties agree.
114
Quit
to give up possession.
115
Tender the premises
To give over possession.
116
(Delivery of Possession)
| Hannan v. Dusch
Facts: When Hannan's lease was to begin, Dusch (D) failed to evict a hold-over tenant.
Issue: Must the landlord deliver actual possession to the tenant? (No)
BLL: A landlord only has a duty to deliver the right to possession of the premises to a tenant, not actual possession. (Court rules that a landlord need not place a tenant in possession; the landlord need only give a right of possession).
117
Oust
To remove from possession.
118
(Subleases and Assignments)
| Ernst v. Conditt
Facts: Rogers, the original lessee, transferred his interest to Conditt (D).
Issue: In determining whether an assignment or a sub-leasing has occurred, must the court look to the intentions of the parties?
BLL: In determining whether an assignment or a sub-leasing has occurred, the court looks to the intentions of the parties. (Court applies Contract law in lease agreement: in determining whether an assignment or a sub-lease has occurred, the court will look to the intentions of the parties).
119
Assign
To give to another one's entire interest in a lease.
120
Privity of Contract
A relationship between parties that arises because they have entered into a contract with one another.
121
Privity of Estate
A relationship between parties that arises because they share an interest in property.
122
Sublet
To transfer a portion of a lessee's interest in a lease to another.
123
[The Tenant who Defaults]
(Tenant in Possession)
Berg v. Wiley
Facts: Wiley changed the locks on property that he leased to Berg.
Issue: May a landowner use self-help to retake possession of his property?
BLL: A landlord may not use self-help to regain possession of his land. (Court gives additional rights to tenants: Landlord may not use self-help to evict tenant).
124
Abandon
To give up possession.
125
Breach of Peace
The eruption of violence.
126
Re-Entry
To retake possession.
127
Restraining Order
A judicial order preventing a person from performing some act.
128
Self-Help
Vindicating one's rights without going to a court.
129
Summary Procedure
An expedited method to evict one in possession.
130
Surrender
To give up possession.
131
Unlawful Detainer Statute
Statute detailing the procedures that must be followed to evict a tenant.
132
(The Tenant who has abandoned Possession)
| Sommer v. Kridel
Facts: Sommer failed to make efforts to re-let an apartment when Kridel abandoned it.
Issue: Is a landlord under a duty to mitigate damages by making reasonable efforts to re-let an apartment wrongfully vacated by the tenant? (Yes)
BLL: A landlord is under a duty to mitigate damages by making reasonable efforts to re-let an apartment wrongfully vacated by the tenant. (Court makes lease more like a contract: Landlord now has duty to mitigate damages).
133
Defaulting Tenant
A tenant who abandons or does not do some other act required under a lease (including the failure to pay rent).
134
Mitigate Damages
To attempt to reduce the damages that occur as a result of a breach or abandonment.
135
Reasonable Diligence
That amount of diligence that an ordinary man would exercise under the circumstances.
136
Re-Let
To lease to another.
137
Security Deposit
A sum of money paid by a lessee to insure against damage to the premises.
138
[Duties, Rights and Remedies]
(Quiet Enjoyment and Constructive Eviction)
Reste Realty Corp. v. Cooper
Facts: Whenever it rained, the basement that Cooper was leasing flooded.
Issue: May a tenant vacate premises and terminate the lease if his quiet enjoyment is interfered with by the landlord? (Yes)
BLL: A tenant may vacate premises and terminate the lease if his quiet enjoyment is interfered with by the landlord. (Court gives another remedy to renters: a tenant may vacate premises and terminate the lease if his quiet enjoyment is interfered with by the landlord).
139
Caveat Emptor
"Let the Buyer Beware." Doctrine which asserts that a buyer takes what he buys as it is, and the buyer should be aware of defects.
140
Constructive Eviction
Eviction in the eyes of the law, though not actual eviction.
141
Demise
To transfer to another.
142
Independent Covenant
Mutual covenants in an agreement that remain enforceable even though the other jas been breached.
143
Latent Defect
A defect which is hidden.
144
Notice of Vacation
A letter informing the landlord that the tenant will give up possession.
145
Patent Defect
A defeat which is apparent
146
Quiet Enjoyment
That doctrine which asserts that a tenant is entitled to possession free of interference from the landlord.
147
(The Implied Warranty of Habitability)
| Hilder v. St. Peter
Facts: St. Peter (D) leased an apartment unfit for habitability to Hilder (P). Though Hilder (P) informed St. Peter (D) of these defects, he failed to remedy them.
Issue: Is there an implied warranty of habitability in every resident lease?
BLL: There is an implied warranty of habitability in every residential lease. (Court makes life easier for renters: there is an implied covenant of habitability in every lease).
148
Caveat Lessee
Literally, let the lessee beware; a doctrine which asserts that the lessee takes the premises as he finds it, whether fit for human habitation or not.
149
De Minimis
A small amount not recognized by the law as significant.
150
Implied Warranty of Habitability
A warranty implied in every contract for the lease of a residential dwelling to the effect that the landlord will maintain the premises fit for human habitability.
151
Interdependent Considerations
Doctrine asserting that if landlord breaches a term of the lease, including the implied warranty of habitability, the tenant's duty to pay rent creases.
152
Punitive Damages
Money awarded to P for the sole purposes of punishing defendant.
153
Reformation
The re-working of a contract.
154
Rescission
To voiding a Contract.
155
[The Problem of Affordable Housing]
| Chicago Board of Realtors v. City of Chicago
Facts: Chicago enacted a rent control ordinance which made mirror re-allocations of rights between landlords and tenants.
Issue: Is a rent control ordinance which makes minor re-allocations of rights between landlords and tenants reasonably related to a legitimate public goal? (Agree ordinance is reasonable).
BLL: A rent control ordinance which make minor re-allocations of rights between landlords and tenants is reasonably related to a legitimate public goal. (Court upholds rent ordinance, but it is not happy about it).
156
Class Legislation
Legislation designed for the sole purpose of aiding a particular class of individuals.
157
Contracts Clause
Constitution clause forbidding the government from interfering with contractual obligations.
158
Procedural Due Process
Clause of Const. mandating that no life, liberty or property shall be taken without a fair chance for an individual to be heard.
159
Rebuttable Presumption
A presumption against a party which he may overcome by the introduction of evidence.
160
Substantive Due Process
Clause of the Const. (same clasue as procedural) requiring that fundamental rights shall not be infringed upon unless the government has a compelling reason to do so.
161
Taking Clause
Clause of the constitution that requires that the government pay for land that it appropriates from private citizens.
162
Void for Vagueness Doctrine
Doctrine which asserts thay any law that is so vague that a reasonable person would not know how to avoid criminal behavior is void.
163
[Chapter 7 Transfers of the Land]
(Brokers)
Licari v. Blackwelder
Facts: Two real estate brokers associated with the listing agent on the Licaris' property purchased the property and sold it for a profit six days later.
Issue: Did the D real estate agents breach fiduciary duties owed to the sellers by purchasing the property themselves, knowing that there was another interested buyer who would pay more for it? (Yes).
BLL: As fiduciaries, the real estate brokers must place their clients' interests above their own, act in good faith, and disclose all information that is or may be material to their clients' rights and interests. (Real estate brokers must disclose prospective purchasers and not engage in self-dealing).
164
Broker
An agent who acts as an intermediary or negotiator, especially between prospective buyers and sellers; a person employed to make bargains and contracts between other persons in matter of trade, commerce, and navigation.
165
Fiduciary
One who owes to another the duties of good faith, trust, confidence and candor.
166
Self-Dealing
Participation in a transaction that benefits oneself instead of another who is owed a fiduciary duty.
167
(The Statute of Frauds)
Facts: The Hickeys sold their house in reliance on an oral agreement with the owner of Lot S, Mrs. Green. Mrs. Green rescinded the agreement.
Issue: In a land transfer where the statute of frauds is at issue, can a party be granted specific performance if they have substantially relied on the oral agreement? (Yes).
BLL: When there is a clear oral promise, partial payment, plus an act made in reliance, a land transfer is sufficient to overcome the statute of frauds requirement that contracts fro sale of land must be in writing. (Mass. Court holds that partial performance of an oral land sale agreement is sufficient to remove the transaction from the statute of frauds).
168
Estoppel
A party is prevented by his own acts from asserting a right that will result in detriment to the other party.
169
Rescission of a Contract
To nullify or void a contract. The right of rescission is the right to cancel a contract upon default of some kind by the other party. Rescission may be effected by the mutual agreement of the parties.
170
Specific Performance
Where money damages would be inadequate compensation, a court will compel a breaching party to perform specifically what he has agreed to do. These are considered appropriate remedies for buyers in land transfer cases, where each plot of land is considered "unique".
171
(Marketable Title)
| Lohmeyer v. Bower
Facts: Prior to transfer of property. a title search showed that the property in question had two encumbrances upon it, both of which were being violated.
Issue: Does the violation of valid restrictions render a title unmerchantable? (Yes).
BLL: Marketable title to real estate is title that does not expose the buyer to litigation. (State Sup. Ct. Defines the factors that make a title unmarketable).
172
Easement
A right of use of a property by someone other than the owner, e.g., the right to use a waterway or path that extends over another's property; generally for the benefit of neighbors.
