Exam 3 Flashcards
Economic View of Property
What is it worth?
Individual View of Property
zoning laws, city ordinances, taxes
Ecological View of Property
keep it green
Society’s View of Property
restrictions, nuisance
3 Things Necessary for Property to Exist:
land, owners, gvmt protection of property rights
Eminent Domain
public right, power to take private property for public use by a state, municipality, or private person or corp authorized to exercise functions of public character, following the payment of just compensation to the owner
Right to Forfeiture
public right, involuntary releinquishment of money or property w/o compensation as a consequence of a breach or nonperformance of legal obligation
Escheat
reversion to the state, the power of the state to acquire the title to property for which there is no owner (usually dies w/o will or relatives)
Real Property
immovable, affixed to the land
Personal Property
movable property, severed from the land
Fructus naturales
only produced by the forces of nature (trees, bushes, grass)
Fructus industriales
produced by the labor of the farmer or rancher (corn, wheat, veggies), not considered part of property
Fuedal Era Property
subject to payment of duties or provision of men to armies
Estate
ownership in land (leasehold or freehold)
Leasehold
rent, lasts for a definite period of time
Freehold
own, lasts for indefinite or unpredictable length of time (fee estates or life estates)
Fee Estate
inheritable (fee simple absolute, conditional, or determinable)
Life Estate
cannot be transferred at death, “life tenant”, must not unreasonably waste assets
Fee Simple Absolute
your land, can do what you want
Fee Simple Conditional
must meet condition stipulated by grantor, right of entry = grantor must go to court to resume posession
Fee Simple Determinable
grantor interest, possibility of automatic reversion upon breach of agreement
Life Estate Pur Autra Vie
(in the life of another) D has life estate as long as B lives
Tenancy by Entireties
ownership only by husband and wife, right to survivorship
Joint Tenancy
right of survivorship, undivided equal shares
Tenancy in Common
no right of survivorship, undivided interest in property, on death can pass to deceased estate or heirs
Deed
legal document used to transfer title to real estate (warranty or quitclaim)
Warranty Deed
good clear title, no claims against the estate at time, grantee can sue if unclear, need title insurance in case of grantor death/bankruptcy, “Conveys and Warrants”
Quitclaim Deed
grantee only receives grantor’s interest, no promises, can’t sue grantor, “Conveys and Quitclaims”
Adverse Possession
squatter’s rights, acquire a title by possessing that property for a statutory period of time, must be open, notorious, actual, adverse or hostile, continuous, and under claim of title
Easements
non-possessory right of use over the property of another, right-of-way, loss by nonuse accounting to abandonment
Express Grant of Easement
easement is transferred with property
Express Reservation of Easement
one party reserves easement rights in transfer of property
Implication of Easement
not written, but implied easement because of prior use or necessity
Prescription of Easement
“adverse rights of possession”, continuous use
Covenant Running with the Land
an agreement which goes with the land, to successive owners (express or implied)
Express Covenant
in writing, stated in deed
Implied Covenant
not in writing, implied from language in deed and existing conditions
Real Estate Anti-Terrorism Clauses
freeze assets of terrorist supporters, list of prohibited parties
Condemnation Proceedings (Eminent Domain)
just compensation required, property owner has right to due process/appeal
Bauman v Ross
defined just compensation as “a compensation that would be just in regards to the public, as well as the individual”
Regulatory Taking
gvmt doesn’t condemn the property outright, but regulates to the point that use and value are significantly reduced, just compensation
Pennsylvania Coal Co v Mahon
taking occured, by eliminating right to mine, estate owner was left w nothing, “when regulation is tantamount to taking”
Miller v Schoene
not a taking, destruction of cedar trees on plantiff’s property, public interest in preferment of individual property interest
Penn Central Transportation Co v NYC
not a taking, historic preservation ordinances
Nollan v California Coastal Commission
taking occurred, indirect relationship between new construction and local need for access, permit denied on unfair grounds
Lucas v South Carolina Coastal Council
taking occured, gvmt regulaiton of land that completely eliminates economic use is a taking, even for prevention of harm purpose, plans to build house on property
Dolan v Tigard
taking occurred, Dolan’s wanted to expand store and wouldnt dedicate 10% land, higher level of scrutiny of relationship between land-use regulations and legitimate state interests, noneconomic significance of property, individual rights protected by 1 and 4 amendment
Walcek v US
not a taking, could use 2.2 of 14.5 acres, not all economic use denied, respected parcel as a whole
Kelo v City of New London
Fort Trumbell redevelopment, constitution does not prevent taking of private prop by eminent domain for transfer to private parties
Graham v Estuary Properties
court held that half owner’s prop to remain in natural state
Harris Act
relief for private landowners whose property has been “inordinately burdened” by specific action of gvmt entity
Inordinate Burden
one bears a disproportionate share of a burden imposed for the public good
Right-to-Farm
prevent zoning/other restrictive local regulations being applied to ag activities, protect from nuisance claims
Agricultural Assessment
property tax relief, good faith ag use, length of time, continuous use, size, is it an investment hedge?
Florida’s Homestead Exemption
protects the value of a residence from expenses arising from the death of a spouse
Milton v Milton
homestead exemption fraud, “the law should not be so applied to make it an instrument of fraud or imposition upon creditors”
Palm Beach Savings and Loan Assn v Fishbein
addresses homestead protection and creditor rights
Recreational Use Statuates
intent, impact
Tort
someone is injured or damaged because of another’s act or failure to act (omission or commission), generally a civil wrong
Gindele v Corrigan
tort is “to be an injury wrongly committeed with or w/o force to the person or property of another, and such injury may arise by nonfeasance, malfeasance, or misfeasance of the wrongdoer”
Nonfeasance
failure to perform an act required by law which results in injury
Malfeasance
affirmative legal/wrongful act
Misfeasance
failure to act resulting in injury
Civil Wrong
one person’s conduct causes a compensable injury to the person, property, or recognized interest of another
Intentional (Tort)
intentional act - desires the result or is “substantially certain” of outcome, intentional omission to act - purposeful failure to mention or include info
Negligence (Tort)
negligent act - failure to use ordinary care, negligent omission to act - omitting to do something that a reasonable person would do under like circumstances, negligence per se - violates statuate or regulation
4 Elements of Negligence
duty, breach, causation, damages
Duty (Negligence)
duty to perform with the skill, care, and reasonable experience of a reasonably prudent person, forseeability
Breach (Negligence)
failure to conform to a duty or standard of care
Ruden v Hansen
expectation to perform with the care and skill reasonable experience of a like skilled professional under similar circumstances
Causation (Negligence)
(cause in fact) a casual connection exists between the act of the wrong doer and the resulting injury, reasonably forseeable
Classification of Farm/Ranch Visitors in FL
invitee, licencee, trespasser
Invitee (Farm/Ranch Visitor)
business visitor, has permission to be on property, is there for your benefit or your and his, high legal duty to protect, must warn of dangers and inspect prop
Licensee (Farm/Ranch Visitor)
on your property for his benefit, has permission, warn of danger, has legal duty to be “on lookout”
Trespasser (Farm/Ranch Visitor)
on property w/o permission, for his benefit, no obligation except: known trespassers/dangerous activities
Doctrine of Attractive Nuisance
children of tender age injured on an artificial object that involves unreasonable risk of injury, located where children are likely to trespass, inducement,
3 Categories of Employees
servant or employee, agent, independent contractor
Servant/Employee
employer has right to direct/control the general manner by which the hired person does their job
Respondeat Superior
employer legally responsible for injuries/damages negligently caused by employees acting within the scope of their employment at the time of injury
Agent (Employment)
person who has the authority to transact business or manage certain affairs of his employer, act must be committed w/in the scope of employment’s authority for employer to be legally responsible
Independent Contractor
employer is not responsible for the negligent acts of independent contractors except: ultrahazardous acts and nondelegable duties
Menstruae naturae
domestic animals
Ferae naturae
wild animals
Criminal Trespass
entry to posted property
Strict Liability
liability w/o fault, where injury occurs due to ultrahazardous activities or abnormally dangerous activities
Discretionary
requires exercise of judgment, policy formulators
Ministerial
following orders strictly, policy implementors
