Cases

Question 1

Rule of capture of a wild animal

Answer 1

Pierson (3 elements of possession)

Question 2

Rule of capture (industry custom)

Answer 2

Ghen (whale) and Popov (baseball)

Question 3

rule of capture (malicious interference)

Answer 3

Keeble

Question 4

Finders (lost item)

Answer 4

Armory v. Delmirie

Question 5

finders (mislaid item)

Answer 5

McAvoy

Question 6

gifts (3 elements of gifts)

Answer 6

Gruen v. Gruen

Question 7

Adverse possession (land that you did not know belonged to you)

Answer 7

Marengo Cave

Question 8

Adverse possession (summer home)

Answer 8

Howard v. Kunto

Question 9

Adverse possession (tacking)

Answer 9

Howard v. Kunto (sale of land could qualify as privity)

Question 10

Nature of Property (news)

Answer 10

INS v. AP (quasi property) (unfair business competition)

Question 11

Nature of property (one’s person)

Answer 11

Moore v. Regents of University of California (when cells leave body they are no longer your property and need consent to take cells)

Question 12

Fee Simple (right to exclude)

Answer 12

Jacque (court can exclude someone from your property)

Question 13

Concurrent Estate (joint tenancy of married people)

Answer 13

Riddle v. Harmon (don’t need consent to transfer)

Question 14

Concurrent estates (joint tenancy transferring to one self)

Answer 14

Riddle v. Harmon

Question 15

Concurrent Estates (remedies- partition)

Answer 15

Delfino (a partition of kind is preferable when one of the tenants lives on the property or has a business on the property)

Question 16

Leasehold estates (self-help eviction)

Answer 16

Berg v. Wiley (LL must use summary proceedings)

Question 17

Leasehold estates (duty to mitigate)

Answer 17

Sommer v. Kridel (LL needs to mitigate by re-letting)

Question 18

Leasehold estates (tenant abandonment)

Answer 18

Berg v. Wiley (LL can terminate if tenant abandons)

Question 19

Real Estate Transaction (exception to SOF)

Answer 19

Hickey v. Greene (Estoppel)

Question 20

Servitudes (easements created by estoppel)

Answer 20

Holbrook

Question 21

Servitudes (easements created by implication)

Answer 21

Van Sandt

Question 22

Servitudes (easements created by necessity)

Answer 22

Othen

Question 23

Servitudes (easements created by prescription)

Answer 23

Othen

Question 24

zoning (aesthetic zoning)

Answer 24

stoyanoff

Question 25

takings (eminent domain- just compensation for economic development)

Answer 25

Kelo

Question 26

Takings (regulatory)

Answer 26

Penn Coal (when it goes to far)

Question 27

rule of capture (not in its natural habitat)

Answer 27

silver fox case