Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Property > Concepts > Flashcards

Concepts Flashcards

1
Q

Right to exclude

A

Absolute originally but changed over time; general concept that property ownership is the ability to control who gets to use the property and who doesn’t

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Right to Enjoy

A

General concept that property ownership is the ability to use and enjoy the property (similar concept in landlord tenant rights- right to quiet enjoyment)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Heavens/depths

A

Concept that you own everything from the heavens to the depths on/in your property; contrast with toil

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Toil

A

Concept that the person who works for something gets to have it; rooted in an economic theory of property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Conversion

A

The tort version of stealing; legal remedy (important in BFP)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Replevin

A

Legal remedy to give the property back; think about it in

BFP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Forced exchange

A

When the court forces a party to exchange with the other one

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Bona Fide Purchase (BFP)

A

A person who buys property without any notice that there was any wrongdoing; in some situations a BFP is allowed to keep the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Finder

A

Interest better than all but true owner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Fast Fish Loose Fish

A

Property theory that a fast fish has already been claimed and cannot then be captured; but a loose fish is still wild and can be captured

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Capture

A

A way of acquiring property ownership over natural resources/wild animals that means a person has control over the resource/animal. For animals requires either having control of it (its in a box) or mortally wounding it. For oil and stuff you have to have it out of the ground (exception on storing natural gas in underground resivoirs) Capture is linked to toil

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Riparian Rights

A

Water rights that everyone on water feature can use a reasonable amount of the water so long as they are taking other peoples rights into account. Correlative theory— right + obligation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Prior Appropriation

A

As much water as you used before is the water you get now, best claim is the oldest (non-native) claim. Rights of first in time are better than rights of more recent users in event of a drought

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Adverse Possession

A

Consequence of the Statute of Limitations

Need:

  • actual
  • open and notorious
  • hostile
  • exclusive
  • continuous

Possession for statutory period; on real property statute starts running when the possession changes, on art (and other chattels) statute starts running when they could have with reasonable diligence found the property see the O’keefe case

Some states also need good faith claim of right or claim of title

Also see tacking

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Tacking

A

In adverse possession the timer counts over change of ownership and over change of possession by the AP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Relates back

A

New title in AP case starts from the date of possession

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Testator/testatrix

A

Person who dies with a valid will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Heirs

A

Those entitled by law to inherit the property if the owner dies intestate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Intestate

A

Dies without a will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Escheat

A

Property reverts to state if no will and no heirs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Fee simple absolute

A

A complete property interest with no one else named who might get it after; if you have fee simple absolute you can do what you want with the property and give it to whoever you want after you die

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Fee simple defeasible

A

Present interests that terminate at the happening of a specified event; multiple types— fee simple defeasible with the possibility of reverter; fee simple subject to condition subsequent; fee simple subject to executors limitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Fee simple defeasible with the possibility of reverter

A

Property goes back to grantor if/when specified thing happens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Fee simple subject to condition subsequent

A

grantor can take back property if/when condition happens— to A if …, but O may renter and retake the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Fee simple subject to executors limitation

A

If condition met, then goes to someone else— to A but if … then to C

26
Q

Life estate

A

Conveyance for the life of A

27
Q

Remainder

A

The part of the property that has not been divided yet

To A for life then to B—B has a remainder interest in fee simple absolute

28
Q

Contingent remainders

A

Might go to person might not

  • if the remainder will take effect only upon the happening of an event that is not certain to happen
  • if the remainder will go to someone who cannot be ascertained (then to B’s children-children don’t exist yet)
29
Q

Vested remainders

A

Remainders that will transfer— NO RAP PROBLEM

  • remainder after period of time
  • remainder after life estate

Can be subject to open in class is open

30
Q

Alienable

A

Property that can be sold

Often creates a RAP problem if property can’t be sold in perpetuity

31
Q

Rule Against Perpetuties

A

“no interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest”

RAP only arises when there is a contingent future interest, doesn’t wait and see

Way to control dead hand

Statutes are getting rid of it and saying vest within 90 (or another number) of years from conveyance; most of the statutes wait and see

32
Q

Life in being

A

The remaining duration of the life of a person who is in existence at the time when the deed or will takes effect. If they are named in the will, typically a life in being

33
Q

Gift causa mortis

A

Gift in anticipation of death. Usually made near end of life or big scary event.

If they die the receiver keeps the gift, but if the grantor lives they give it back. In that way its like a contingent interest

Must be “actual, unequivocal, and complete delivery during the life of the donor, wholly divesting him of the possession, dominion and control” of the property

Often disfavored because informal, especially disfavored if a will present

34
Q

Gift inter vivos

A

Gift while someone is alive (often made to avoid taxes)

Donor must intend to make an irrevocable transfer of ownership while alive (posthumous gift needs to be in will)

Must deliver to receiver (can be constructive like in Gruen v. Gruen [the painting gift case])

Acceptance is generally presumed if the gift has value

35
Q

Co-ownership (joint ownership)

A

Multiple people own property at same time

36
Q

Tenancy in common (T/C or TIC)

A

Co-tenants have simultaneous right to possession of the whole or ownership in proportion when simultaneous possession is impossible, or a right to partition

Must share income from third parties
Must contribute to necessary expenses of ownership/maintenance

Each T/C can convey exactly what he or she has

looks like O to A and B

37
Q

Ouster

A

When a cotentant keeps another cotenant from part of the property

Makes a cause of action when the ousted party makes a clear, unequivocal demand to use land that is in the exclusive possession of another cotenant and the cotenant in possession refuses to accommodate

Remedy can be a share of rent as if it had been rented to a third party; can also maybe get an injunction to let use the property

38
Q

Joint tenancy with right of survivorship

A

Undivided proportion interest for life, a contingent remainder in FSA: they are T/Cs for a while and the last one alive keeps the whole thing

Need 4 unities:

  1. Time- all created at same time
  2. Title- all get same thing
  3. Interest- equal interest in value of the property
  4. Possession- they all can access it

Looks like O to A and B as JTWROS

Right of survivorship is a huge deal because it doesn’t go through the estate

39
Q

Tenancy by the Entirety

A

JTWROS plus marriage, one spouse cannot alienate while still married

Many states have gotten rid of this because its basically just JTWROS

40
Q

Periodic tenancy

A

Contract for renewable successive periods, renews automatically absent notice from either party

Very common, almost all residential leases where landlord is an individual

41
Q

Tenancy at will

A

Terminable without notice by either party (most statutes say 30 days or one rent period)

42
Q

Tenancy at sufferance

A

Name given to “holdover tenant” who stays after lease expires, distinguished from trespasser

43
Q

Bona Fide Purchaser

A

Person who bought a previously stolen good without knowledge it was stolen

Only protected when true owner is seeking equitable remedy!!!!!

*i should probably make a flow chart for this ish to figure it out

44
Q

Money rule

A

BFP can retain property even when in legal scheme because we have to rely on the fact that money is legal tender, hard to tell it was stolen,

45
Q

Tracing

A

Ability to follow stolen money into and out of an account

46
Q

Constructive Trust

A

Someone steals money uses it to buy property

Property then goes to 3rd party

There is a constructive trust so the true owner can seek the property (but often fails because BFP, doesn’t work if property is given?)

*i really don’t understand BFP yet

47
Q

Nuisance

A

Non tresspasory substantial and unreasonable interference with neighbors use and enjoyment

Annoying, offensive, unreasonable at a community or objective level
- no eggshell plaintiffs

48
Q

Coming to nuisance

A

Defense that if a party moved to the nuisance then they can’t claim that the nuisance exists

Defense fails when:

  • neighborhood changing
  • extra offensive- bone boiling
  • borders on public nuisance- feed lot near old folks community
49
Q

Remedies to nuisance

A

Abatement- injunction to stop the action
- a balancing test here: does the gravity of the nuisance outweigh the utility of the action (can be community based See Concrete USA)

Money- can get if it makes whole or if injunction balancing test fails

Can’t get both (unless getting money for dealing with the nuisance before)

50
Q

Easement

A

Right to use some portion of land that isn’t yours

51
Q

Express Easement

A

Like a contract, an agreement (some states need written) to allow use

52
Q

Implied Easement

A

No contract, but conduct in fact. Only arises in subdivision

53
Q

Necessity Easement (sometimes a subset of implied)

A

Landlocked after property division. Cannot sell off access to your road and get necessity easement.

Can terminate

  • no longer landlocked
  • nonuse and abandonment
54
Q

Prescription Easement

A

Parallel to Adverse Possession; open, continous, hostile trespass for the length of a trespass SOL

No permission, understood or explicit

55
Q

Estoppel Easment

A

Equitable remedy

  • dominant makes and improvement and servant seems to acquiesce
    • time to speak is over
    • stood by and watched so can’t use argument now
56
Q

Dominant

A

In easement law the person who uses easement/goes on other persons land

57
Q

Servient

A

Person who owns land that someone else uses

58
Q

Types of easements

A 
Express
Implied
Necessity
Prescription
Estoppel
59
Q

Abandonment

A

Voluntary relinquishment of known right

60
Q

Old requirements of a covenant (legal requirements)

A
  • grantor and grantee intended that the covenant should run with the land
  • touch and concern
  • privity of estate between the promisee or party claiming the benefit of the tenant and the right to enforce it, and the promisor or party (horizontal or vertical privity)
61
Q

Regulatory taking

A

Between zoning and taking. A rule about property use that rises to government taking

62
Q

Corraletive Rights

A

Have to care about other people

Property (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions