Property

Question 1

Right of Capture

Answer 1

First in time, first in right

Question 2

Actual Possession of Ferea Naturae

Answer 2

(1) Interest in capture expressed;
(2) Deprived of liberty;
(3) Actual possession

Question 3

Traits of Domesticated Animals

Answer 3

Habit of returning

Evidence - Bell, brand

Question 4

Riparianism

Answer 4

Ownership and right to use water of joining lands

Question 5

Prior Appropriation

Answer 5

First to make use of the water you are its owner

Question 6

Externalities

Answer 6

a cost or benefit that is imposed on a third party who did not agree to incur that cost or benefit.

Question 7

Bundle of Rights

Answer 7

Disposition
Exclude
Enjoy
Possess
Control

Question 8

Easements

Answer 8

Non-Owners may enter onto an owner’s property even if the owner objects to the entry

Question 9

Bailment standard’s of liability

Answer 9

Benefits the bailor: gross negligence
Mutual benefit: ordinary negligence
Benefit of the Bailee: slight negligence, great care
Bailee misplaces the property: strict liability

Question 10

Adverse Possession

Answer 10

Actual entry
Should be in possession as a true owner would
Exclusive possession
You can’t control the same space as owner/public
Open and notorious
Statute of limitation doesn’t begin until the owner
knows of the trespass
Hostile and adverse
Can’t have permission from the true owner
Majority view - has the trespasser acted like a true
owner?
Good faith, Bad faith, Objective
Continuous and uninterrupted

Question 11

Tacking

Answer 11

Privity of A chain of good faith possessors

Question 12

Demand Rule

Answer 12

statute of limitation doesn’t start until the owner asks for them back

Question 13

Discovery rule

Answer 13

statute of limitations once the owner has discovered or should’ve discovered through due diligence.

Question 14

Acquisition by Gift

Answer 14

Intent
The donor must intend to make a present transfer of
an existing interest in the property.
Delivery
Must transfer possession to the donee with
manifested intention to make a gift to the donee.
Can be Manual, Constructive(keys to a house) or
symbolic
Acceptance
Inferred unless donee expressly refuses

Question 15

Rule Against Perpetuities

Answer 15

A contingent future interest in a grantee is void the moment it is created if it will still be contingent longer than 21 years after the death of the last person alive at the time of conveyance.

Question 16

4 elements of Joint Tenancy

Answer 16

Time - at the same time
	Title - by the same instrument
	Interest - equal type  of interest
		Today unequal share are allowed
	Possessions - same power share

Question 17

FHA | What is protected?

Answer 17

race, color, national origin, sex, family status, handicap

Question 18

Covenant of quiet enjoyment

Answer 18

depriving the lease of beneficial use by positive acts of interference or by withholding something essential to full enjoyment

Question 19

Implied Warranty of Habitability protects

Answer 19

Health
			Safety
			Habitability
			Housing code
			remedies

Question 20

Nuisances tests

Answer 20

Threshold - the gravity of the harm

Restatement - harm v social utility
The gravity of the harm outweighs the utility of the actor’s conduct
Gravity of Harm Factors
1) Extent of the harm involved
2) Character of the harm
3) Social value that the law attaches to the type of use or enjoyment invaded
4) Suitability of the particular use or enjoyment invaded to the character of the locality; and the burden on the person harmed of avoiding the harm

Question 21

Covenant Benefit end elements

Answer 21

Written
		Intent
		Horizontal privity
		Vertical privity
			Conveyance or divestment
		Touch and concern the property
		Notice

Question 22

Covenant burden end Elements

Answer 22

Written
Intent
Vertical privity
Touch and concern

Question 23

Equitable Servitudes

Answer 23

Writing
Intent
Touch and concern
Notice (Burden only)

Question 24

Elements of Regulatory Takings

Answer 24

[1] character of the government regulation
[2] existence of investment backed expansions
[3] extent of the economic impact

Question 25

Easement by Estoppel

Answer 25

[1]Permission to another to use of the land
[2]Good faith reliance on the permission by the licensee
[3]Knew or should have known of the reliance

Question 26

Easement by Necessity

Answer 26

[1]Unity of ownership

[2]Strict necessity(no other way) at the time of the severance. Landlock parcels

Question 27

Easement based on Prior use

Answer 27

[1] initial unity, severance
[2] existing, apparent and continuous use of the servient estate
Lack of recordation
[3] reasonable necessity to continue the prior use intent.[TX grantor must get dominant estate or put it in writing]