Property

Question 1

Generic term for piece of real property

Answer 1

Blackacre

Question 2

Real Property

Answer 2

Land/Real Estate

Question 3

Personal Property

Answer 3

Anything that is not RP

Question 4

Conquest

Answer 4

Taking P by Force

Question 5

Conquest Outcomes

Answer 5

Rewards Violence and gives P owners less incentive to improve P.

Question 6

Discovery

Answer 6

First person to take possession of P is the owner

Question 7

Law of Finders

Answer 7

Once a finder possesses P, they have a better claim than any other subsequent possessor, except the true owner.

Question 8

CL Possession of Unowned Things

Answer 8

First to Possess (First in Time = First in Right)

Question 9

Constructive Possession

Answer 9

you have possession of things that are on your land (killed animals).

Question 10

Rule of Escape

Answer 10

when an animal escapes back into its habitat after capture, possession rights are void.

Question 11

Rule of Return

Answer 11

animals with a habit of return (such as dogs), still belong to their owners, even when they roam.

Question 12

Locke on P:

Answer 12

People should own their own labors and thus their own bodys, the source of their labor (13A).

I”t is self-evident that people own their own bodies.”

Question 13

Tragedy of the Commons

Answer 13

Individuals act independently in their own self-interest, ultimately destroying shared (open access) resources.

Question 14

Right to Exclude

Answer 14

Owning property is having the power to keep other people away from what’s yours

Question 15

Right to Exclude Exception

Answer 15

Necessity Exception: If you need to trespass, you’ll still be liable for any harm done to the property but will not be liable for any nominal or punitive damages.

Question 16

When an owner leaves instructions in their will to the successor that violates public policy can a court disallow, or void the instructions?

Answer 16

Yes

Question 17

Alienability

Answer 17

allows people to sell what they no longer need or want to another person who might find it highly convenient.

Question 18

Adverse Possession

Answer 18

enables a non-owner to gain title to land (or personal property) after the expiration of the statute of limitations for the owner to recover possession.

The basic idea is this: if a stranger uses your land for a long time and you don’t complain, the land becomes theirs.

Question 19

Adverse Possession Elements

Answer 19

Continuous – the adverse possessor must occupy as continuously as a reasonable owner would, given the nature, character, and location of the property

Hostile – the adverse possessor does not have the true owner’s consent (you cannot have permission)

Actual – the adverse possessor must use the land in the same manner as a reasonable owner would, given the nature, character, and location of the property

Notorious (and Open) - visible and obvious (ex: 1000 acres v. 15 inches)

Claim of Right - (1) some states say there are no mental requirements for the adverse possessor, (2) some states say the adverse possessor can only claim possession if they think you own the property (good faith), (3) only a couple of states say the adverse possessor can only claim possession if they did not think they owned the property (bad faith)

Exclusive – the adverse possessor cannot share the land with the true owner, unrelated third parties, or the public in general

Statute of Limitations – different in every state

Question 20

Adverse possession cases normally arise in two kinds of situations:

Answer 20

(1) Oftentimes, the adverse possessor will bring a “quiet title” lawsuit to confirm his ownership.
In a quiet title lawsuit, the court publicly confirms who owns a disputed piece of property, quieting the claims of the other party.

(2) Adverse possession can also be raised as a defense to an ejectment action or trespass case.
That title transfers as soon as someone meets the requirements for adverse possession – the lawsuits just recognize and confirm the facts on the ground.

Question 21

Color of Title

Answer 21

A deed that is defective due to a lack of title. (Claim based on a piece of paper, even if that paper is fake or wrong).

The benefits conferred by color of title only accrue if no one else is occupying the land described by the (defective) deed.

Question 22

Color of Title does 2 Things:

Answer 22

(1) Reduces the statute of limitations in many states (cuts it in half – 15 years to 7 ½ years)

(2) Allows you to claim all the property that the deed states through constructive adverse possession.

Question 23

Constructive Adverse Possession

Answer 23

if the adverse possessor meets the AP requirements for one point of the land, for the reduced (half of the statute of limitations) number of years, the adverse possessor gets the entirety of the land stated in the deed.

Question 24

Quiet Title Lawsuit

Answer 24

a lawsuit asking the court to who owns the land.

Question 25

Doctrine of Tacking

Answer 25

allows the successor possessor to add up the cumulative time they and their predecessors have been on the property to satisfy the Adverse Possession SOL.

Question 26

Finder of P vs. X

Answer 26

If X is not the original owner, the finder wins

Question 27

Blackstone's Conception of Property (shows us what policy choices we’re making)

Answer 27

(1) Ownership by a single individual, (2) Perpetuity, (3) Bounded horizontally by lines drawn upon the surface (and unbounded vertically), (4) With the absolute right to exclude, (5) The absolute right to use and ab use, and (6) The absolute right to transfer.

Question 28

John Rawls

Answer 28

He believes we need to make decisions behind the veil of ignorance, if you wake up in the morning a different age, race, wealth, intelligence, etc. would you be happy with the way society functions? IF the answer is yes, you probably live in a just society. IF the answer is no, you probably do not live in a just society.

Question 29

State of New Jersey v. Shack, (1971) MIGRANT WORKERS

Answer 29

“Property rights serve human values.” People are more important than property. Property owners cannot exclude workers from obtaining social services.

Question 30

Pruneyard Shopping Center v. Robbins, (1980) STUDENTS PROTESTING AT OUTDOOR MALL

Answer 30

CA Constitutional provision is okay and the protestors must be allowed to protest in the common areas of the mall (public places), but not in the privately owned stores. "modern agora"

Question 31

Discovery better than conquest?

Answer 31

It may be a better way of assigning property rights than conquest . . . but we’re still not making decisions based on morality – just on who’s the fastest.

Question 32

Pierson v. Post

Answer 32

The fox becomes yours under certain control. Trapping or seriously wounding it. The mere pursuit of an animal is not enough.

Question 33

Collective ownership problems:

Answer 33

you must come up with rules, enforce those rules, plus there’s a physical cost (BBT)

Question 34

Ghen/Social Custom Rules Cons:

Answer 34

Can be very imprecise (ex: an open law book in the library) Sometimes a rule can be good for a small amount of people, but not for the majority/community (ex: Kentucky coal-dumping chemicals) They’re localized (foreign exchange student & snow chairs)

Question 35

Ghen/ Social Custom Rules Pros:

Answer 35

Custom as a source of official property rules, allows society to take advantage of the accumulated wisdom of the ages.

Question 36

Main Idea of Property Law:

Answer 36

Socially useful incentives = winners

Question 37

Mislaid Property

Answer 37

deliberately placed and unintentionally forgotten Landowner wins.

Question 38

Lost P

Answer 38

unintentionally or unknowingly parted with Finder wins.

Question 39

Abandoned P

Answer 39

intentionally gotten rid of Wild property, up for grabs

Question 40

Goffman, Asylums

Answer 40

Stripping an individual of their personal items and regulating their personal appearance is, in essence, taking away the things that make them, “them.”

Question 41

Hurtado

Answer 41

Courts seem very worried that increasing the pay of jurors or witnesses could also decrease non-monetary incentives. You may lose the altruists. Paying people could also lower the quality.

Question 42

Moore v. Regents of the University of California

Answer 42

Once cells leave a patient’s body after surgery, they no longer has sufficient ownership rights to uphold a conversion claim

Question 43

Right to Exclude Pros:

Answer 43

Gives property owners complete decision-making authority Protects privacy Lowers monitoring costs Lessens motivation to engage in self-help violence because the state is protecting your property rights.

Question 44

Other right to exclude exceptions

Answer 44

Hunting Discrimination Free Speech

Question 45

why Liability Rules?

Answer 45

(1) It’s very costly to determine subjective value. (2) It makes sense if there’s a lot of parties – saves on transaction costs and may prevent holdouts. (3) Liability rules may work well in tough cases – it gives something to both sides

Question 46

Difficulty with Liability Rules

Answer 46

(1) Autonomy Problem – using a liability rule in a property case allows intruders to use property against the will of the landowner. (2) Compensation Problem – liability rules pay damages. We must take the landholder’s subjective valuations into account. This can lead to the drastic undervaluation of assets. (3) It can be difficult to determine the market value of unique goods.

Question 47

The Benefits of Destruction

Answer 47

(1) Economically efficient (2) Makes room for new creative possibilities (3) Promotes psychological well-being Forrest Gump – throwing rocks at her childhood home because of abuse/trauma that took place there (4) Destruction can be very expressive American Civil War – tearing down statues

Question 48

Destruction Trend

Answer 48

The recent trend in American law has been to curtail property owners’ traditional rights to destroy their own property. Sometimes damage to the community outstrips benefits to the destroyer

Question 49

Why do we have Adverse Possession?

Answer 49

Statute of Limitations: the real owner has the right to kick you off the property, but if it doesn’t happen in a certain amount of time, evidence fades. Entrepreneurship: rewards productivity, goes against owners that “fall asleep” on their land – stop paying attention, etc. Quiet Title: if you occupy/use land for a certain number of years, then the title holders try to claim it and they can’t. Loss Aversion: We hate losses more than we love gains.

Question 50

Tacking Requires:

Answer 50

Privity A relationship in which the prior possessor knowingly and intentionally transfers whatever interest she holds to the subsequent possessor (“a voluntary conveyance”).

Question 51

AP Exceptions

Answer 51

Government Land Although government agencies may acquire titles by adverse possession, the general rule is that public property is not subject to the doctrine. Disabilities If a person has a “disability” - if the law determines they are incapable of suing an adverse possessor – then the adverse possession clock does not begin to run (it tolls). The statute of limitations does not begin to run until the disability is lifted, the true owner dies, or the property is sold. For the statute of limitations to toll, the disability must exist when the adverse possessor sets foot on the land. Death ends all disabilities. Separate disabilities may not be tacked together to keep the statute of limitations from running. Under 18 Are Active-Duty Military In Prison