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Property Flashcards

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1
Q

Pierson v Post

A

Fox, pursuit alone does not equal possession, have to deprive ferae naturae of their natural liberty

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2
Q

Rule of Capture

A

First to capture is the possession, first in time is first in right

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3
Q

Ferae Naturae

A

Wild animal, qualified property right once they are deprived of natural liberty

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4
Q

animum revertendi

A

trained animal makes its return to nature, no longer possessed

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5
Q

Corporal possession

A

possession of something’s body

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6
Q

ratione soli

A

having ownership because it is on your land

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7
Q

Buster v Newkirk

A

Wounded deer abandoned. Wounding is not enough, there must be mortal wound and no suspension of pursuit

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8
Q

Keeble v Hickeringill

A

Interfere with bird pound. Interfering with livelihood is a tort, but doesn’t create property rights.

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9
Q

Actionable interference

A

Interference bya non-competitor

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10
Q

Non-actionable interference

A

Interference by a competitor

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11
Q

Dapson v Daly

A

Unlicensed hunter does not get killed animal because the state holds title to animals in trust for public

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12
Q

State of Ohio v Shaw

A

Fish stolen from net. Fish in a net are deprived of their natural liberty. trade-based reasonable precaution

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13
Q

Ghen v Rich

A

bomb lance determined ownership of whale due to custom

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14
Q

Establishing legal custom

A

Used for a long time, no contrary methods, relevant general usage within a recognized community, reasonable/can’t be gross deviation from common law standards

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15
Q

State of ND v Dickinson Cheese

A

River fish killed by whey. Fish are res nullias, even when regulated. State doesn’t own the fish, and can’t collect damages.

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16
Q

res nullias

A

belonging to nobody

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17
Q

Abandoned property

A

owner manifests an intent to abandon and actually abandons the object. Goes to finder. Land cannot be abandoned.

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18
Q

Finder

A

holds claim of ownership against everyone except the true owner.

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19
Q

Statute of limitations for abandoned property

A

Doesn’t start until a third party takes it.

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20
Q

Eads v Brazelton

A

P found shipwrecked boat and marked trees to come back. D took property in meantime. P can’t recover as no actual possession. Marking not enough

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21
Q

Chattel

A

personal property

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22
Q

Real property

A

land

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23
Q

Fixtures

A

attached to land, pass with the land

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24
Q

Fructous naturalis

A

plants growing on land, pass with the land

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25
Q

fructous industrialis

A

harvested plants do not pass with the land

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26
Q

Haslem v Lockwood

A

Manure on road. Plaintiff who gathered the abandoned manure came back for it after 24 hours, he maintained possession.

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27
Q

Deposits and accretions

A

ratione soli

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28
Q

manure dropped on farmland

A

ratione soli

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29
Q

Goddard v Winchell

A

meteor that falls on land is an accretion

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30
Q

Lost property

A

goes to the finder

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31
Q

Mislaid property

A

goes to the owner of the locus in quo

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32
Q

Armory v Delamarie

A

Chimney sweep finds a ring, stolen by goldsmith. sweep gets damages because he found it.

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33
Q

Clark v Maloney

A

Logs on river. Prior possessors have greater rights than subsequent possessors

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34
Q

Specification

A

Change in the species itself (lumber to boards, whale to oil). Can only recover value of original, not the new object.

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35
Q

Accession

A

If value is added in good faith, you do not have the right to the added value.

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36
Q

Barker v Bates

A

Lumber found embedded in P’s property, D takes it. Owner of the locus in quo has constructive possession prior to finder. Owner always prevails when finder is a trespasser.

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37
Q

S. Water Co. v Sharman

A

contractor finds gold rings in pool when hired to clean it. Rings go to land owner, where finder is on premise for limited purpose.

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38
Q

When Finder is employee of the owner

A

he usually cannot keep the object

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39
Q

Objects in the ground

A

owner of locus has greater right

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40
Q

Limited purpose finder

A

When you are on the premise for a limited purpose, especially to find things for the owner, the owner has greater right

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41
Q

Hannah v Peel

A

soldier finds brooch in house. If owner lives in house where the object is found, owner has greater right.

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42
Q

McAvoy v Medina

A

X mislaid pocket book in D’s store, P picks it up, D offers to hold onto it in case X comes back. Because it is mislaid, P cannot recover from D.

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43
Q

Anderson v Goulberg

A

Unauthorized possessor hires P to cut timber off of lot, D takes it. P gets it back, even though not authorized. Thieves can recover from subsequent thieves

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44
Q

Russel v Hill

A

Thieves cannot recover from subsequent thieves

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45
Q

Bailment

A

Itenm delivered to the bailee, and bailee has limited right of possession. possession of goods owned by another

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46
Q

Bailee must have

A

control and intent to possess

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47
Q

Methods of Bailment delivery

A

actual, constructive (keys), symbolic (deed)

48
Q

When the bailee and bailor mutually benefit, bailee has duty of

A

ordinary diligence/reasonable care to protect the bailed object from damage or loss

49
Q

When the bailor alone benefits, the bailee is only liable for

A

gross negligence

50
Q

When the bailee alone benefits, the bailee has a duty of

A

extraordinary care in protecting the goods from loss or damage.

51
Q

Is a bailee an insurer of the goods?

A

No

52
Q

Involuntary bailee

A

only liable if negligent in returning object

53
Q

Bailee strict liablity

A

has to return object no matter what type of benefit the bailee gets, unless involuntary bailee

54
Q

Is a debt a bailment?

A

No

55
Q

Are agents bailees?

A

No

56
Q

Does a mortgage create a bailment?

A

No

57
Q

is a lease a bailment?

A

No, and a rented storage locker is likely a lease, not a bailment

58
Q

Is a consignment a bailment

A

No

59
Q

Is a trust a bailment

A

No

60
Q

Peet v Roth Hotel

A

Ring lost after deposited at hotel front desk. This was a bailment of mutual gain. Have to show ring wasn’t return because of bailee’s fault.

61
Q

Allen v Hyatt

A

Bailment implied despite a ticket disclaimer, garage being enclosed with gate and guard point toward bailment

62
Q

Cowen v Pressprich

A

messenger deposits the wrong bond into the clerk’s depository. Involuntary bailment. still has duty to return. Majority says that exercising dominion over the thing bailed makes it a voluntary bailment

63
Q

Cowen v Pressprich

A

messenger deposits the wrong bond into the clerk’s depository. Involuntary bailment. still has duty to return, but not liable when he returned it to the person he wrongfully thought was the rightful owner.

64
Q

gift

A

present transfer of property without consideration, non-revocable

65
Q

Gifts causa mortis

A

revocable if the donor escapes from the perils of death, stricter requirements for delivery than inter vivos gift

66
Q

Requirements for gift

A

Delivery from donor to done, donor intends to make a present gift, done accepts gift

67
Q

Delivery of gift

A

can be actual, symbolic, constructive, or written. supposed to be as perfect as the situation permits.

68
Q

Present gift of future enjoyment

A

Normally the intent must be for present transfer, not future transfer. Present transfer of the right, but enjoyment postponed, is still a gift.

69
Q

Acceptance of donee

A

only relevant if done repudiates, then there is no gift

70
Q

Irons v Smallpiece

A

horses promised to son, but father retains possession. No delivery, so no gift.

71
Q

Gruen v Gruen

A

Donor dies after sending letters promising paintings to donee. Court says donor created a life estate for his own enjoyment with his son getting the remainder.

72
Q

Woo v Smart

A

Checks for money given causa mortis, but a check is not considered delivery under the UCC

73
Q

Engagement ring

A

gift causa marriage

74
Q

Nemo dat quod non habet

A

“no one gives what he doesn’t have” - Seller cannot convey better title than that which he holds

75
Q

Bona fide purchaser

A

transaction of fair market value, honest belief that you are buying title, circumstance wouldn’t lead you to think otherwise

76
Q

Bona fide purchaser is protected when there is

A

a voidable title (owner intended to transfer/deal/assign rights to the person BFP buys from), or owner implies merchant had right to sell

77
Q

Midway Auto Sales v Clarkson

A

BFP of car originally purchased with bad check. Title was voidable, and seller didn’t void before BFP took title

78
Q

Porter v Wertz

A

Painting lent to art dealer, who gives it to a non-dealer, who sells to defendant. Not bona fide purchaser, because not ordinary course of business to buy from a non-art dealer

79
Q

Grace v Koch

A

Kept car on neighbor’s strip of land. Not AP because they were originally given permission to use it for something else

80
Q

Adverse Possession

A

Actual, exclusive, continuous, open/notorious, hostile

81
Q

Color of title

A

hostility proven by introduction of invalid deed, acquire all land in the title

82
Q

Tacking

A

Several adverse possessors can tack their time onto each other, so long as they are not adverse to one another

83
Q

Fleming v Griswold

A

Disability happens after statute had begun to run. Normally cannot AP from disabled, but if years already run on an owner, they continue to run on subsequent owners as long as AP continues

84
Q

Meyer v Law

A

Both neighbors mistaken where fence should be, but true owner was paying taxes on whole land. In FL, mostly no AP unless you paid taxes or have color of title.

85
Q

Land in natural state

A

Neighbors have strict liability to support each other’s land in natural state

86
Q

If one owner is partially responsible for soil subsiding, and neighbor is also responsible

A

Neighbor only held to negligence standard

87
Q

Subjacent support

A

When sub-surface rights are severed (mining, etc), absolute right of support extends to all existing structures on date of severance

88
Q

Noone v Price

A

Neighbor fails to maintain retaining wall. If land was sound enough to support house before, but now isn’t because of failure to maintain, liable

89
Q

Cujus est solum, ejus est usque ad coelum et ad infernos

A

To whomsoever the soil belongs, he owns also to the sky and to the depths.

90
Q

Allegheny Airlines

A

any use of such air or space by others which is injurious to his land, or which constitutes an actual interference with his possession or his beneficial use thereof, would be a trespass for which he would have a remedy.

91
Q

Sundowner v. King

A

Spite fences (with no beneficial uses) are unlawful.

92
Q

Fontainebleau

A

NO LEGAL RIGHT TO PASSAGE OF LIGHT.

Easements of light can be created through express grant!

93
Q

Prah v. Maretti

A

Recovery when sunlight is blocked.

WHY DIFFERENT?  Solar panels in this case: perhaps the court, in balancing utility against the harm, will give more protection to solar collectors than to sunlight for gardens of swimming pools.

94
Q

Accession/Specification

A

Good Faith Purchaser, creates value through labor, great disparity of value between original article and new product

95
Q

Confusion

A

No labor added, intermingling of fungible goods that can no longer be separately identified. Each owner gets proportionate share.

96
Q

Liability for lateral support

A

Strict liability for changing land in a way that withdraws lateral support causing neighbor’s land to slip or fall in

97
Q

Support of buildings on land

A

only liable for negligence when the weight of a building causes fall of th eland

98
Q

Restatement definition of eastements

A

(1) interest in land possessed by another (2) interest which permits limited use of that land (3) interest which is protectable against interference by 3rd party (4) not terminable at will, although an easement can have a time limit (5) not a normal incident of possession and (6) ordinarily created by conveyance.

99
Q

affirmative easement

A

permits the use of land of another in a specified way

100
Q

negative easement

A

restricts the other person’s use of land (e.g. an easement of light and air).

101
Q

Appurtenant easemant

A

Negative easement benifitting the dominant tenament

102
Q

Easement in gross

A

Easement does not necessarily benefit the owner, not connected to land

103
Q

Profit a prendre

A

right to enter another’s land and take profit

104
Q

Estate of Thompson v. Wade

A

You can’t grant an easement to a third party by a deed.

105
Q

Baseball Publishin v Burton

A

lease to exclusiveley maintain an advertising sign on one’s building was an easement in gross, not a lease or a license

106
Q

bunn v offutt

A

to be an easement, the interest has to run with the land

107
Q

Easement by necessity

A

(a) prior common ownership of the dominant and servient estates
(b) transfer of one of the estates by the common grantor, creating lack of access; &
(c) necessity of the easement for making use of the transferred property.

108
Q

Kingsley v. Gouldsborough Improvement Co

A

No necessity when bordered by river on three sides and estate on other, as river was navigable waters

109
Q

Chandler Flyers Inc. v. Stellar Development Corp

A
110
Q

Easements Implied by Past Use

A

(a) prior common ownership of the dominant estate
(b) transfer of one of the estates w/ the intent to create an easement
(c) continuous and apparent use of the quasi easement
(d) reasonable necessity for enjoyment of the dominant estate

111
Q

Flax v. Smith

A

relevant intent for implied easement is objective, not subjective

112
Q

Prescriptive Easements

A

Open, notorious, continuous, uninterrupted and adverse possession.

113
Q

Brown v. Voss

A

While the traditional rule is that an easement appurtenant to one parcel of land may not be extended by the owner of the dominant estate to other parcels of land, the court overrules this and holds that since the new easement would not interfere with D, and would help P, then it should be allowed

114
Q

Hayes v. Acquia Marina

A

an easement created by a general grant or reservation W/O LIMITS to any particular use of the dominant estate is not affected by any reasonable change in the use of the dominant estate (although no use may be made of the easement which is different from that established at the time of its creation).

115
Q

Martin v. Music

A

the dominant estate may be divided or partitioned and the owner of each party may claim the right to enjoy the easement if no additional burden is placed on the servient estate.

116
Q

Terminating an Easement

A

Expiration, Merger, release (written), abandoned (oral or failure to maintain), Forfeiture for Misuse, Changed Conditions: Laches, Adverse Possession

117
Q

Lindsey v. Clark

A

Mere nonuse of an easement is not enough for abandonment

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