Chapter 6 - Property Law - Concepts Flashcards
The (1) covers just compensation. The (2) incorporates it to the states. Property law can be (3) or (4). Congress has enacted various regulations that (5)
- 5th Amendment
- 14th Amendment
- public
- private
- limit private control of property
Real property consists of (1) and its (2), (3) the (4) above it, and the (5) below it. Personal property is (6). Questions may arise as to whether some pieces of property are (7)–such as window blinds or mobile homes.
- land
- structures and affixed structures
- plants (trees, crops)
- airspace
- minerals
- everything else
- real or personal
Property rights are like a (1) and can include (2), (3), (4) and (5).
- bundle of sticks
- owners
- lenders
- lienholders (for remodeling jobs, etc.)
- leaseholds (others leasing same property)
A car, furniture or clothing would be classified as (1). Shares of stock and promissory notes are called (2). Another example of the latter are (3) which are legal rights to enforce a contract or bring an action or tort.
- tangible personal property
- intangible personal property
- chose in actions
3 types of intellectual property–intangible personal property
- patents
- copyrights
- trademarks
A patent is a (1) for the right to make and sell an (2), based on proof of (3) and (4). Patent protections usually extend (5).
1, government grant
- invention
- originality
- usefulness
- 20 years
A copyright protects the author for (1). Although trademarks can be registered, it is the (2) that is important.
- life plus 50 years
2. use
The owner of a property has (1) over it. Questions arise surrounding whether items are (2); courts examine (3) and (4) to determine this. There are also transfers of (5) and (6).
- dominion and control
- donations
- intent
- physical delivery (of item itself or, symbolically, keys, etc.)
- titles
- intangible property (checks, promissory notes)
Personal property can be in someone’s (1) or (2). In addition to individual ownership, property may be owned as (3) or (4).
- actual possession (jewelry)
- constructive possession (key to jewelry box)
- tenants in common
- joint tenants with right of survivorship (goes to sole of one when other dies) (often automatic for husband-wife)
Property pledge to secure a loan is (1). After debtor signs the (2), the creditor acquires a (3) in the property. If the debtor (4), creditor has the right to the property plus any (5).
- collateral
- security agreement
- security interest
- defaults
- defecit
If property is (1) the finder has a right to it against everyone except the (2). If property is (3), the finder has a right to it. Claiming it requires (4) with (5).
- lost
- true owner
- abandoned
- exercise of control over it
- intent to claim it
There are two types of bailments, or temporary assignment of ownership: (1) and (2). The former may benefit only the (3), in which case standard of care is minimal, or only the (4), in which case reasonably standard of care is needed.
- gratuitous bailment
- mutual benefit bailments
- bailor (storage of property)
- bailee (borrowing of property)
Mutual benefit bailments are more (1) and usually include (2) in exchange for commercial services. A bailor has a duty to inform the bailee of (3); a bailee has a duty of (4) for the property. A car parked in a parking garage has been upheld as (5) since the owner retains control of the keys.
- formal
- fees
- dangers of the property
- ordinary care
- not a bailment
Comingling of goods creates a (1) scenario in which (2) applies. (3) is a natural increase to an owner’s property, such as a baby cow. A thief, lacking title to property, cannot sell even to a (4).
- confusion
- proportionate interest
- accession
- bona fide purchaser
In common law, three types of land tenure, or granting of rights to land
- fee simple estate (could dispose of at will)
- fee tail estates (could dispose to family)
- life estates/estates during the life of another (restricted)
The (1) in 1290 allowed freemen to transfer estates in real property to each other; this became the American standard. Real estate is transferred by (2), (3) or (4). A life tenant must (5) until the person dies and the (6) becomes the owner.
- Statute of Quai Emptores
- deed
- will
- laws of inheritance
- maintain improvements on property and pay taxes
- remainderman
A warranty deed is a (1) that contains promises called (2) to protect the buyer and require the seller to defend the (3) of the buyer’s new title. A deed must be (4) and (5).
- transfer of title
- covenants
- validity
- executed
- delivered to the grantee (buyer)
Two rights reserved to balance land title with rights of the population
- right of aircraft to fly over land
2. reservation of gas, oil, other minerals
A deed describes the conveyance by (1) or (2) referencing a map or subdivision plat in county land records. It is also recorded in (3). A (4) makes no guarantees to the grantee that the grantor did not have interest in the property, and it transfers any interests.
- boundaries
- lot/block numbers
- city/county public records
- quitclaim deed
One who borrows money using real property as collateral signs a (1) to pay the money and interest back. A lien against the property secures payment of this–this is a contractual document called the (2). Interest rates can be (3) or (4).
- promissory note
- mortgage
- fixed
- adjustable to credit market fluctuations
In a mortgage situation, the lent-to is the (1) and the lender is the (2). A (3) is a security measure or incentive used by sellers which allows the seller to hold the mortgage (lien) as the buyer pays off the loan.
- mortgagor
- mortgagee
- purchase money mortgage
(1) is sometimes required to guarantee the mortgagee against loss in the case of foreclosure, and is sometimes rolled into payments for the (2). Mortgages are frequently sold by banks to (3).
- private mortgage insurance
- mortgagor/homeowner
- investors
3 typical covenants in a mortgage document
- make payments promptly
- pay real estate taxes and assessments
- insure improvements on the property
When a mortgage is transferred, the (1) remains intact. Title can be transferred by (2) which requires the mortgagee approve the new buyer, or the loan may be declared (3).
- mortgagee’s interest
- due-on-sale clause
- due upon sale