Ownership Flashcards
Rights of Ownership
1) Use
2) Possession
3) Enjoyment
4) Disposal
5) Excluding others from the above
Also known as “Bundle of Rights”
Real Property
1) Land
2) Everything attached to it (Fixtures)
3) Legal rights associated with land
Real Estate = Real Property
Personal Property
1) Any property (or chattel) that can be moved
2) Rights in Real Property held less than a lifetime (like a leasehold estate)
Feudal vs Allodial
Feudal
1) Land owned by sovereign
2) Individuals possess for lifetime (no inheritance)
Allodial - modern system
Freehold Estate
Ownership interest in land held for a lifetime or longer
Entitles owner to ownership and possession
Estate Less Than Freehold = Leasehold Estate = PERSONAL PROPERTY
Possession interest for less than a lifetime
This is personal property
Government Limitations on Private Ownership
1) Eminent Domain (exercised through purchase or condemnation)
2) Taxation
3) Police Power (zoning, building codes, etc)
4) Escheat (taking possession when there are no legal heirs or property is abandoned)
Fixture
Was personal property, but now affixed to real property
Attachment (permanent)
Adaptation (to property)
Agreement (between parties)
Is part of the value of the property (including taxes, sale, etc)
Trade Fixture
Remains personal property
Must be removed before end of lease in original condition
Deed vs Bill of Sale
Deed - real property
Bill of Sale - personal property
Fructus Naturales vs Fructus Industriales (EMBLEMENTS)
Naturales are fixtures - trees, shrubs, rocks, etc.
Industriales (emblements) are personal property - crops and cultivated plants
Appurtenance
- A right/privilage/improvement associated with land, but not necessarily party of it - like a parking spot by a condo
- Conveyed through an Easement (Easement Appurtenant)
- Runs with the land
Riparian Rights
- Flowing Water
- Navigable - low water mark
- Non-Navigable - midway
- First owner may alter the course, even if unfair
Littoral Rights
- Stationary Water (lake/sea)
- No water ownership, but may use it for reasonable purposes
- May not alter water’s position
Chattel = Personal Property
Chattel Personal = personal property not associated with real property
Chattel Real = personal property, but associated with real property (like a leasehold estate)
Fee Estate
- Freehold Estate
- Can be held a lifetime or longer
- Inheritable
- Fee Simple
- Only limited by govt rights
- Indefeasible
- Qualified Fee = Fee Simple Determinable
- Defeasible
Life Estate
- Held for a lifetime, but not longer
- Not inheritable
- Originates from a fee estate
- Life tenant may sell, mortgage, etc the LIFE estate
- Life Estate pur Autre Vie - Life estate depending on life of a third party. Only inheritable if life tenant dies before third party does.
Life Estate in Reversion vs in Remainder
- Reversion = estate returned to grantor of life estate
- Remainder = estate goes to third party (remainderman)
Statutory Estates
Dower = wife gets hustband’s
Curtesy = husband gets wife’s
Homestead Protecton = life estate goes to spouse
Estate in Severalty
Sole ownership of an estate
Joint Tenancy
Form of concurrent ownership with the following properties:
1) Survivorship (member's share is absorbed by remaining shareholders) 2) Unity of Possession (undivided interest in whole property) 3) Unity of Interest (equal degrees or shares of ownership) 4) Unity of Time (interest acquired at same time) 5) Unity of Title (single title for all tenants)
A joint tenant may sell his/her interest without consent of others, but new tenant becomes tenant in common
Not a valid form for corporations
Tenancy in Common
Concurrent ownership that only requires unity of possession (undivided interest in whole property)
No right of survivorship
A tenant in common may sell his/her interest without consent of others
Tenancy by the Entirety
Concurrent ownership by married couple with same properties of joint tenancy, but as a single entity (unity of person)
This is the default in PA if no specification is given (for married couples)
Community Property
Each spouse has equal interest in property acquired during a marriage.
Not recognized in PA.