Ch 8 Flashcards
Personal Property is movable, Real Property is not
Personal Property is movable, Real Property is not
Know what is included as Real Property
Land, Buildings, Fixtures
Know how tort law protects property interests
Tort law protects real property
Know contract law arranges the use property.
Uses to transfer/sell property
Know the definition of property
Protected expectation of using a thing for your own advantage
Know the term that is the most common form of real property ownership
Fee simple
Know the term for two or more people having an undivided interest in real property
Tenancy and common
Know what joint tenancy means
Two or more people own property and have the right to survivorship
Know what a life estate is
Possessory right on the property for your life
Know what easements allow the utility companies to do
Easements give them the power to put in powerlines/water and be able to fix them as well
Know what the Four B Properties v. Nature Conservancy court said about how conservation restriction
Thelandowner’s donation of an appurtenant parcel in fee, in conjunction with recording the conservation restriction, allows the benefit of the easement to run with the land.
Know the example in the book of a restrictive land covenant
Residential subdivision convenants
Know the implied warranty of habitability is in residential leases
Landlords are required to keep it livable
Has to have an implied warranty of habitability
Know differences between commercial leases and residential leases
Commercial leases are longer
Residential leases are not
In Neilsen v. Gold’s Gym what did the court say about the requirements for a lease to be enforceable?
There was no lease because the terms were unclear
What must the government do before it can take your private property?
Just compensation
Know the name of the power Governments use to tell homeowners how they may use their land
Police powers
Know when the government must pay for a regulation that reduces the value of private real property
When the reduce it to zero
Know what the RDNT , LLC v. City of Bloomington Court said about the City’s decision to not allow the RDNT to expand its assisted living business
The city acted properly for safety
Know the definition of Conversion.
An intentional and unlawful control or appropriation of the personal property of another
Know what the Reyes v. Brookshire Grocery Co. Court said about the store’s duty to warn
They had warned her about the cleaning and she ignored the warnings
Commercial Leases tend to be much longer than residential
Commercial Leases tend to be much longer than residential
Tort law protect interests in property
Tort law protect interests in property
Eminent Domain
Requires just compensation for the land
Example of Suggestive Trademarks
Dairy Queen
