Property Case

Question 1

Jacque v. Steenburg Homes

Answer 1

Punitive damage w/o any physical damage for trespass. Basic right to exclude others from your property. reasoning is not important

Question 2

Hinman v. Pacific Air

Answer 2

Planes flying over your house is not trespass, maybe nuisance if can prove damages. Limits the Ad Coelum Doctrine (heaven/hell doctrine).

Question 3

Pile v. Pendrick

Answer 3

building unintentionally crosses land(1.375”) is Tresspass must take it down (property rule)

Question 4

Golden Press Inc. v. Rylands

Answer 4

Current Rule - Small infringement made in good faith does not have to come down, but damages required. Slippery slope

Question 5

Baker v. Howard County Hunting Club

Answer 5

Dogs trespassing - to get injunctive relief must show
1 Damages must be inadequate
2 Remedies must be blanced
3 Party’s actions must be assessed (clean hands)
4. Avoid limitation of latches (cannot sit on your rights forever without asserting them)

Question 6

Hendricks v. Stalnaker

Answer 6

installed well prevented that prevented the installation of neighbors septic system is not nuisance.

Question 7

Newman V. Satyavaglswaran

Answer 7

Court held that next of kin have exclusive rights to body (corneas) violation of due process to take w/o asking

Question 8

Moore v. Regents of U. of Cal.

Answer 8

Moore wants cut of the profits made from a cell line created from his spleen via conversion. Court says no

Question 9

Moakley v. Eastwick

Answer 9

Statues can affect and alter property rights.

Here limits ability to destroy piece of art on their property

Question 10

US v. Corrow

Answer 10

Selling of cultural Patrimony.
Some property should be inalienable because there is less chance of harm if the people who want to sell can’t as a result of a statute rather then them being taken advantage of and selling something that cannot be replaced

Question 11

Trespass to Chattles

Answer 11

Injure or interfere with property

Question 12

Intel v. Hamidi

Answer 12

Must be able to show injury to have trespass to chattles.

Best remedy is Self help or legislature

Question 13

Berg v. Wiley

Answer 13

Use of self help to re-take land. CL- you can only use self help if:

1) Landlord is legally entitled to possession.
2) Re-entry is peaceful as a matter of law.
3) property is abandoned. Courts want you to see judicial remedy.

Question 14

Williams v. Ford Motor Credit

Answer 14

Repossession of ex-wife’s car was legal because she didn’t object to the taking of the car (legally).
Had she made a scene or called the police would not have been peaceful

Question 15

Ploof v. Putnam

Answer 15

Necessity Case.

No right to untie boat from private dock when there was the necessity due to the storm.

Question 16

Vincent v. Lake Erie

Answer 16

It’s ok to tie up to a private dock in an emergency but you must pay for the damages to the dock. Liability Rule

Question 17

McConico v. Singleton

Answer 17

Custom.

Hunting is such a deep custom you cannot prevent someone from hunting on your unenclosed land

Question 18

Uston v. Resorts International Hotel

Answer 18

Exclusion.

Casino doesn’t have the right to exclude a card counter but the gaming commission does.

Question 19

Shelley v. Kramer

Answer 19

Anti-Discrimination.
14th amendment only bars states from racial discrimination. However you cannot enforce a racially restrictive covenant w/o gov. enforcement

Question 20

Attorney General v. Desilets

Answer 20

Religious Discrimination.
Balancing test: Religious conduct is protected and burdened by the state statute. This must be balanced with the states interests in enforcing the statute

Question 21

Wood v. Leadbitter

Answer 21

bought ticket and was kicked out of horse race.

Licenses are revocable at will. Once revoked person is trespasser which allows for self help.

Question 22

Marrone v. Wash. Jockey Club

Answer 22

bought ticket and was kicked out and barred. License is not an in rem rights. It is a contract between owner and spectator (in personam).
Remedy is breach of contract.
Liability rule- forced sale of his ticket. No self help

Question 23

Hurst v. Picture Theaters

Answer 23

Bought a movie ticket and was kicked out.
Wood no longer good law.
Hurst was not a trespasser because he had a right to be there and it is a tort to remove him.

Question 24

Pro CD v. Zeidenberg

Answer 24

Shrink wrap licenses are ok if there’s notice on the box.
In Personam right; a contract between buyer and seller.
Policy: pro business- gov steps in and limits buyers rights to uphold business interests

Question 25

Pocono Springs v. McKenzie

Answer 25

Want to abandon property but they want. Abandonment is intent to relinquish title without burdening another person. Need intent and action. Can't abandon real property

Question 26

Everyman

Answer 26

Woman wants her house destroyed after her death. Court steps in- typically have the right to destroy but not when it'll have a negative economic effect on the community. Will step in when persons bequest is outlandish or ridiculous.

Question 27

Lauderbaugh v. Williams

Answer 27

Court restricts absolute restraints on transferablity. Any restraints must be reasonable and not perpetual. Court looks at the motive behind the creation; interdependence; and how many people it excludes.

Question 28

Iron v. Smallpiece

Answer 28

Father's gift of colts to his son wasn't valid. | No gift because no delivery. Also his actions weren't indicative of someone who received a gift

Question 29

Foster v. Reece

Answer 29

Telling her husband where he could get things she wanted him to have. Court no delivery no deal. Like statue of frauds used to delivery used to limit fraud.

Question 30

Adams v. Cleveland Cliffs Iron Co.

Answer 30

Does the operation of a mine constitute a trespass as opposed to nuisance? Trespass requires physical tangible invasions. Cost Benefit analysis between property owner and mine worker. Penner - Because they vindicate completely different rights you can be ok with a complete right to exclude and also ok with preventing the causing of nuisance.

Question 31

St Helen's smelting v. Tipping

Answer 31

Locality rule. Despite the smelting plant being in an industrial area the damage was so bad that it was still a nuisance. (overrules balancing test) No matter where it's operated it'd be a nuisance.

Question 32

Luensmanv. Zimmer-Zampse

Answer 32

Drag racing strip is not declared a nuisance in the jx and there was no warning of any violated conduct (as prescribed by the law) therefore no nuisance per say

Question 33

Boomer v. Atlantic Cement Co

Answer 33

Court shifts towards a liability rule vs a property rule. | Cement plant to play damages instead of facing an injunction.

Question 34

Spur v. Del Webb

Answer 34

Despite the fact that Del Webb "came to the nuisance" the feed lot must move because it is a public policy concern. However Webb must pay for the relocation. Public nuisance suit may have forced relocation w/o financial help.

Question 35

Baseball Publishing v. Burton

Answer 35

Buying right to put Ad on building is not a lease because it's possessory. More then a license so it's not revocable at will. It is an easement in gross~ a contract granting exclusive rights and privilidge. Court orders specific performance

Question 36

Schwab v. Timmons

Answer 36

Schwab landlocked himself then tried to gain an easement by necessity from neighbor. Only satisfies the necessary requirement, was self inflicted. Courts don't like implied easements.

Question 37

Warsaw v. Chiago Metals

Answer 37

Drives on neighbors land to get trucks to loading dock. Neighbor has to tear down newly constructed building because P had a prescriptive easement on the neighbors property. Should have granted a license that could have been revoked

Question 38

Fountainebleau Hotel v. 4545 inc

Answer 38

Built hotel to block rival's sunlight. No implied easement to sunlight and air. Court heavily disfavors negative easements.

Question 39

Tulk v. Moxhay

Answer 39

Covenant requiring the upkeep of a square and prohibited building. Written initially but not in subsequent deed. Notice is enough for Equity in Covenants. Runs with the land

Question 40

Neponsit Property v. Emigrant Savings bank (Real Covenants Case)

Answer 40

homeowner tried not to pay fees outlined in covenant. | Although HOA did not own land there was significant touch and concern with the land to make it valid.

Question 41

Sanborn v. McLean - Reciprocal Negative Easement Case

Answer 41

Gas station in back yard. Residential only covenant was not in his deed but was in a majority of the others= reciprocal negative Easement One original owner who subdivided. Inquiry notice- could have looked around and asked. MI very liberal on this

Question 42

Bolotin v. Ringe

Answer 42

Wants commercial building on corner lot of residential area. Possible benefit to P not important. Increase value of commercial vs residential sale if restrictions are not inequitable or oppressive.

Question 43

Peckham v. Milroy

Answer 43

``` Covenant restricting home businesses(here daycare) Covenant valid - 1) No abandonment of Covenant 2) no Latches 3) No equitable Estoppel ```

Question 44

Village of Euclid v. Ambler Realty

Answer 44

New zoning laws prevent intended use of 68 acres. Zoning laws are constitutional so long as they are enacted reasonably. Check on power is to vote for people with your interests. Courts are usually very reluctant to invalidate zoning.

Question 45

Southern Burlington NAACP v. Township of Mt. Laurel

Answer 45

Exclusionary zoning - | NJ court ruled that every city must provide housing that meets every income level. NJ is extreme

Question 46

Berman v. Parker

Answer 46

Condemnation of 5000 house in DC, some sold to private parties for redevelopment. It's ok since it was part of a well thought out plan to improve the community

Question 47

Hawaii Housing v. Medkiff

Answer 47

22 people owned 70% of land in hawaii. Gov took it and sold it to public to increase quality of life and home-ownership (pure redistribution). Court upheld due to public benefit. Failed miserably speculators swooped in to buy it up and prices skyrocketed.

Question 48

Kelo v. New London CT

Answer 48

Economic redevelopment is ok so long as: 1) there's a plan. 2) must be mainly for public benefit. 3) states are free to limit eminent domain via statue.

Question 49

Penn Coal v. Mahon

Answer 49

Couple tries to enjoin mining under their property after they only bought surface rights. Does the regulation go to far? 1) reciprocity of advantage. 2) Diminution of value (denominator Prob.) 3) Nuisance vs public good balancing test

Question 50

Penn Central v. NYC

Answer 50

Penn central Balancing test: 1) Economic Impact. 2) Investment Backed expectations. 3) Character of Gov. Action (physical invasion)

Question 51

Loretto v. Teleprompter of Manhattan

Answer 51

Permanent physical install of cable equipment is a Per se taking requiring just compensation.

Question 52

Lucas v. South Carolina Coastal Council

Answer 52

New zoning law that prevented his development of beachfront property was a Per Se Taking. Took all economic value from property.

Question 53

Williams v. Estate of Williams

Answer 53

Determining what interests 3 daughters had in land. When wording of a will is unclear must look to authors intent. Courts interpret wills to avoid intestacy. Finds the closest estate to match the will.

Question 54

City of Klamath Falls. V. Bell

Answer 54

Granted property "so long as" it was used as a library then back to principle holders of corp. Fee simple subject to executory limitation violated the RAP. Ends up going to corp heads anyway.

Question 55

Johnson v. Whiton

Answer 55

Numerus Clausus. "to sarah and her heirs on her father's side" creates a fee tail. Cannot create new types of ownership

Question 56

Garner v. Gerish

Answer 56

Dispute over who can terminate a lease at will L or T. Reads it like a contract vs a freehold estate. Upholds the terms of the lease only T can terminate at will.

Question 57

Brokaw v. Fairchild

Answer 57

Waste. Cannot tear down house and rebuild when you have a life estate. Life estate holder does not have the right to cause permanent damage to the inheritance. Increase in value for future intest holders does not matter

Question 58

Mountain Brow Lodge v. Toscano

Answer 58

Restraints on alienation. Gift of Lodge that cannot be sold or transferred is a restraint on alienation. Restraints on use are valid.

Question 59

Symphone Space v. Pergola Properties

Answer 59

Option to buy in lease terms is invalid due to RAP. Corps have no measuring life- just 21 years. Discussion over whether 25 year option should have just been capped at 21 years to make valid.

Question 60

Delfino v. Velencis

Answer 60

Brothers want to end tenancy in common by partition by sale so they can develop it. Sister lives there so Partition in Kind. (living on the property is a important factor. Court favors partition in kind.

Question 61

Harms v. Sprague

Answer 61

One joint tenant takes out a mortgage on the house. This does not sever the joint tenancy because he can only mortgage his interest. As soon as they die, so does their interest and hence the mortgage.

Question 62

Gilmore v. Gilmore

Answer 62

Grazing the land to such an extent that prevents other tenants in common from using it is Ouster. Must pay rent to fair value of the land.

Question 63

In re Estate of Filfiley

Answer 63

Withdrawing money from a joint account doesn't sever the joint tenancy. The closer the property is to $ the more likely the court will treat it that way and split it 50-50.

Question 64

Paradine v. Jane

Answer 64

Leased land was occupied by prince therefore he refused to pay rent. Court held that Rent was due. If you expect the possible gains in the land you must accept the possible losses. Landlord had nothing to do with his losses.

Question 65

Smith v. McEnany

Answer 65

Property rule. Landlord encroached slightly on the leased property with a brick wall. Tenant rented the whole land and it is not divisible therefor he pays no rent. If bricks removed then rent would be due.

Question 66

Sutton v. Temple

Answer 66

Lead paint in the land kills cows. No implied warranty of use (Caveat Lessee) could have included warranty in contract. Rent still due.

Question 67

Blackett v. Olanoff

Answer 67

Constructive eviction due to loud music in lounge that Landlord did nothing to control.

Question 68

In re Kerr

Answer 68

Surrender Doctrine. Tenant declares bankruptcy. Landlord gets a new tenant and then sues original tenant for rent. Lessee offered to leave and Landlord accepted by re-renting. No rent due.

Question 69

Medico Dental v. Horton

Answer 69

Horton breached terms of the contract by allowing another tenant to sell drugs. Violations of the terms of the contract are enough to void the lease. No Rent due Modern view of Leases

Question 70

Javins v. First National Reality

Answer 70

Implied warranty of Habitability. Tenants found 15k violations after they moved in, refused to pay rent. If violations occurred after they moved in then rent is not due lease is void. Huge shift in lease interpretation reacting to change in times. Applies only to residential leases

Question 71

Sommer v. Kridel

Answer 71

Duty to Mitigate. T tried to give up lease L refused to acknowledge and sued for back rent. L has duty to try and re-lease the property. T responsible for vacant months and any difference in Rent.

Question 72

Mullendore v. Growth Reality

Answer 72

Security deposit for promise not to default does not touch and concern the land thus does not run with the land. In personam contract. Should have been for repairs.

Question 73

Nahrstedt v. Lakeside Village Condo Assn.

Answer 73

Courts will only void a restrictive covenant (here pets) if it is deemed unreasonable. What's in the deed is very hard to overturn. Courts like deeds.

Question 74

40W 67th st v. Pullman

Answer 74

Co-op votes out a crazy guy. Court follows business management rule - so long as the standard of review was reasonable the court will respect the co-op's decision.

Question 75

Pierson v. Post

Answer 75

Taking of fox being hunted by another. Un-owned property is not yours until you physically possess it. Need to show intent and control

Question 76

Eads v. Brazelton.

Answer 76

ownership of abandoned steam boat. Intent and work upfront is not enough you must also possess it. Must show Due diligence (resources and in process of controlling) depends on the context and relevant practice.

Question 77

Popov v. Hayashi

Answer 77

Barry bonds HR ball. Court: Both men have an interest in the ball against the world. Partition by sale.

Question 78

Johnson v. M'intosh

Answer 78

Conflicting chains of title (indian land). Two ways to extinguish right of occupancy: Purchase/treaty or conquest.

Question 79

Edwards v. Sims

Answer 79

Cave under property. Neighbor had no access Title based theory. If you have the title you have the rights. Title rights> then occupancy rights.

Question 80

Leasee of Ewing v. Burnet (sand quarry)

Answer 80

Adverse possession is content specific in regards to actual and exclusivity. Claiming ownership and dominion is good for exclusive.

Question 81

Carpenter v. Ruperto

Answer 81

farming someone else's land. Knowing property is not yours ruins the "adverse" requirement. Most states don't care about knowledge of actual ownership

Question 82

Howard v. Kunto

Answer 82

summer house deed mix-up. D argues house is his due to Adverse possession. Use of home for just the summer is OK for continuous use (consistent with vacation home). As long as there is privity you can tack on years for the statutory period(add hours of various owners).