Pg 1 Flashcards
What is a bequeath?
A gift given by someone who is dead
What is considered to be a demised premises?
Rented property in a lease agreement
What is a habendum clause in a deed?
It describes the nature of the interest being granted
What is immunity?
Freedom from a legal relationship being altered by an act or omission of another
What is In Specie?
Specific performance
What is an incorporeal hereditament?
Anything that can be passed to heirs
What does inter vivos mean?
A gift of property during a donor’s lifetime. This requires the intent of the donor to make the gift, termination of dominion over the property, and the donee must get actual or constructive possession and dominion over the property
If you gift to your wife gold coins during your life, and then you later die, can your son sue because he thinks he should’ve gotten those coins?
No because they were given as an inter vivos gift
What is an interest?
Any single right, privilege, power, authority, or a combination of any of these
What is Lis Pendends?
“Litigation pending.“ If there’s litigation on property, Lis Pendends is filed with the court and recorded to put the world on notice.
What is an owner?
Someone has numerous interests in a thing, and this might not add up to totality
If you are considered to be the owner of property, what does that include for you?
- The right to stop others from coming onto your land
- indefinite privileges to enter and do what you want on the land
- power to transfer the land or allow others to enter it
- legal immunities against others that try to extinguish your privileges
What is personal property?
Chattels or intangible things. Moveable property
What are some examples of personal property?
Bank accounts, bonds, life insurance, patents, goodwill
What is possession?
Dominion or control over property
What is Power?
The ability to make a change in a legal relationship by doing or not doing an act
What is a privilege?
The legal freedom of one person against another to do or not do an act
What is a property interest?
This relates to things such as land, titles, and intangibles, and is protected by law against the world. Usually called a mortgage, leasehold, easement, and means you either have or you own that interest although you’re not the owner of the land that is subject to it
What is property?
It is having a strong and permanent legally protected expectation of being able to draw an advantage from a thing. This is legal relations between persons with respect to things
What does it mean to quiet title?
To legally clarify title
What is real property?
Property in land or the land itself and the things attached to it
What are some examples of real property?
Real estate, immovable property, fixtures, substantial structures, all natural vegetation.
Are cultivated crops considered to be real property?
Depends on the situation, sometimes they are real property, and sometimes they’re personal property
What is a recording?
Putting a copy of a document in the public record to protect the property from subsequent purchasers, not prior ones
What is a Res?
An object or thing
What is a right?
A legally enforcible claim of one person against another that the other will do or not do an act
What is a successor?
Grantee, heir, or devisee of a promisee or promisor
What are the four basic areas of real property?
– land acquisitions
- land-use
– landlord-tenant
– present/future concurrent estates
What is involved in the major area of real property of land acquisitions?
Two or more people fighting over ownership to the land. This includes adverse possession, problems with deeds, deed delivery, and recording act problems
What is involved in the major category of real property of land use?
Someone claims a right to make affirmative use of someone’s land or dictates its use through covenants, easements, equitable servitudes, or implied servitudes. They are not saying they own the land.
What is involved in a major category of real property for landlord tenant?
Special rules regarding the nature of the tenancy, the type, fights over rent, possession, improvements, transfers of interest, assignation/subleases
What is involved in the major category of real property for present/future or concurrent estates?
Someone has a right to possess the land in the future, or two or more people jointly own land
What is the difference between real property and personal property?
Real property is not movable, it is fixed in place.
How can personal property become real property?
Something like installing a window into a house
What are the major remedies to protect property?
– Common law: gives money damages
– equitable: things like injunctions, specific performance, rescission of property transactions, etc.
– modern remedies: gives legal and equitable relief together in a single civil action and the possessor can have either restitution or damages
When doing an essay regarding conveyance, how should it be approached?
- Valid conveyance of any interest that involves the conveyance plus delivery plus a valid document
- Interest of the grantor being conveyed to the grantee
- Recording acts or statutes that deal with notice, race, race-notice
How do you get land or acquire title?
– adverse possession or another exception
– contract
– conveyance by gift or sale
– devise where the owner dies and gifts the land in a will
– inheritance where the owner dies intestate and land passes to the heirs by law
What is an estate?
An interest in land that is or might become possessory
What are the three different estates in land?
Present, possessory, future
