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TORTS > Property > Flashcards

Property Flashcards

1
Q

The Right to Exclude: Civil Trespass

A
  • Intentional
  • Invasion
  • Onto the land of another
  • Unprivileged
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2
Q

The Right to Exclude: Criminal Trespass

A
  • Trespasser knows no access allowed
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3
Q

Arbitrary Exclusion

A
  • Majority
  • The right to exclude for any reason
  • Can not violate anti-discrimination laws
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4
Q

Reasonable Exclusion

A
  • Minority
  • Only discriminate when reasonable to do so
  • Person is a danger to other patrons
  • Person disrupts the essential business operations
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5
Q

Innkeeper and Common Carrier Rule

A
  • Nationally Recognized

- Reasonable Exclusion

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6
Q

The Right to Access

A
  • Consent
  • Necessity
  • Public Policy
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7
Q

1866 Civil Rights Statute

A

Prohibits race discrimination in the making of contracts

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8
Q

1964 Civil Rights Statute

A

Prohibits discrimination in places of public accommodation

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9
Q

Place of Public Accommodation

A
  • Provides lodging for transient guests
  • Principally engaged in selling food for consumption on the premises
  • Place of exhibition or entertainment
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10
Q

Protected Classes

A
  • Race
  • Religion
  • Color
  • National Origin
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11
Q

Possession

A
  • Occupancy

- Undertaking significant steps to achieve possession

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12
Q

Injunctive Relief

A

A court order requiring a person or entity to do, or refrain from doing a specified act

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13
Q

Constructive Trust

A

To prevent unjust enrichment when an individual benefits from his or her wrongdoing

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14
Q

Equitable Distribution

A

Divide the proceeds from the sale of property

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15
Q

Adverse Possession

A
  • Possession
  • Open and Notorious
  • Exclusive
  • Continuous
  • Hostile
  • For a statutory period of time
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16
Q

Prescriptive Easement

A

Grants a trespasser the right to use the property of another in the same way it had been used before without interference

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17
Q

Prescriptive Easement Elements

A
  • Long-standing
  • Non-permissive
  • Does not qualify possession
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18
Q

The Improving Trespasser

A

A non-owner who builds or constructs an improvement on the land of another without permission

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19
Q

Doctrine of Relative Hardship

A
  • Courts will balance the interest of both parties

- Only used is trespasser unknowingly encroaches on neighbor’s property

20
Q

Inter Vivos Gift Requirements

A
  • Intent
  • Delivery
  • Acceptance
21
Q

Types of Delivery

A
  • Actual Delivery
  • Constructive Delivery
  • Symbolic Delivery
22
Q

Testamentary Gift Requirements

A
  • A signed writing

- With witnesses

23
Q

Gifts Causa Mortis Requirements

A
  • Donative Intent
  • Delivery
  • Acceptance
  • The Donor’s expectation of imminent death
24
Q

Types of Co-Ownership

A
  • Tenancy In Commons
  • Joint Tenancy with the Right of Survivorship
  • Tenancy by the Entireties
25
Q

Tenancy in Commons

A
  • Default Co-Ownership Type
  • Right to possess the whole property
  • Share calculated based on contribution
  • Power to transfer his/her share without knowledge of consent of co-owner(s)
26
Q

Joint Tenancy with the Right of Survivorship

A
  • Right to possess the whole property
  • Power to transfer his/her share without knowledge of consent of co-owner(s)
  • Surviving Co-Owner absorbs the share of deceased Co-Owner
27
Q

The Four Unities

A
  • Time
  • Title
  • Interest
  • Possession
28
Q

Tenancy by the Entireties

A
  • Spouses Only
  • Co-Possession
  • Right of Survivorship
  • Cannot Transfer Alone/No Partition
  • Creditor Protection
29
Q

Ways to Resolve Ambiguities

A
  • TIC as default
  • Intent of grantor
  • The Four Unities
  • Explicit Language
30
Q

Types of Shared Bank Accounts

A
  • Joint Bank Account with the Right of Survivorship
  • Agency Account
  • Beneficiary Designation
  • Uniform Probate Code
  • New Ownership Structure
31
Q

Joint Bank Account with the Right of Survivorship

A
  • Power to withdraw and manage all funds

- When one owner dies, their share is absorbed by the surviving co-owner(s)

32
Q

Agency Account

A
  • Management rights to co-owner
  • No ownership rights to co-owner
  • No ROS
33
Q

Beneficiary Designation

A
  • Designating who the money will goto at death
  • Overrides the Will
  • No management rights until death
34
Q

Uniform Probate Code

A
  • Minority
  • Owner’s share of bank account is based on his/her contributions
  • ROS
35
Q

New Ownership Structure

A
  • TIC during lifetime

- JTWROS after death

36
Q

Co-Tenant Obligations

A
  • Pay proportionate share of mortgage, taxes, and maintenance
  • Not required to share cost of improvements
  • No Rent by IPT to OOPT
37
Q

Ouster

A
  • Rent owed to OOPT
  • Actual: act of physical exclusion by IPT
  • Constructive: situation of property of relationship between parties makes co-possession impractical
38
Q

Unilateral Lease by Co-Owner

A
  • Can only lease the share you own

- If you don’t subscribe to the lease, you don’t get the rent

39
Q

Options for Non-Leasing Owner

A
  • Give up rights of co-possessing, subscribe to the lease, and get the rent
  • Co-Possess
  • Partition
  • Rent out his share to someone else
40
Q

Severance

A
  • If Co-Owner makes a lifetime transfer of their share

- If one co-owners makes lease or mortgage

41
Q

Severance: Co-Owner makes a Lifetime Transfer of their Share

A
  • ROS is gone

- Becomes a TIC

42
Q

Lease or Mortgage Severance

A
  • Converts Property into a TIC
  • Deceased Co-Owner’s share would go to his/her estate
  • Lease Survives
43
Q

Lease or Mortgage: No Severance

A
  • JTWROS still in place when co-owner passes
  • Deceased ‘s interests absorbed by Survivor
  • Lease survives
44
Q

Partition in Kind

A

-A physical partition of the land between co-owners

45
Q

Partition in Sale

A
  • Selling the land and dividing the profits between co-owners
  • Must prove:
  • That the property cannot be conveniently partitioned in kind
  • That the interests of one or more of the parties will be promoted by the sale
  • That the interest of the other parties will not be prejudiced by the sale

TORTS (3 decks)

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