Property Cases Flashcards
Bailments
Peet v. Roth Hotel Co. - the ct ruled that the bailee must prove the loss was not due to negligence
gifts
carter v. Percy - the ct held that gifts made during life must be delivered even if the person dies before delivery is made
rule of capture
pierson v. post - mere pursuit is not enough
finding
armory v. delamirie -lost property (statutory period)
benjamin v. lindner aviation - owner of the premises
popov v. Hayashi - unlawful conduct
Doctrine of discovery
johnson v. M’intosh
adverse possession
howard v. kunto - elements of adverse possession
marengo cave co. - open and notorious
manillo - maine v. conneticut doctrine
tenancy at will
Effel v. Roseberg - lease that is not for a certain period of time creates a tenancy at will
White v. Brown - terms of a will that are ambiguous determined to pass fee simple absolute
Delivery of possession
adrian v. rabinowitz - english rule
Fair Housing act
neithamer v. brenneman property services - more protective law prevails
Constructive eviction
Fidelity Mutual Life Insurance v. Kaminsky - landlord’s failure to address repeated requests for quiet enjoyment can lead to constructive eviction
implied warranty of habitabiltiy
hilder v. st peter - warranty cannot be waived
Transferring a leasehold
Neal v. Craig Brown - sublease does not grant the sublesee rights to renewal
Berg v. Wiley - landlord must use judicial remedies to reclaim property
Tenancy in common
esteves v. esteves - each tenant in common has distince share of the property, but the property itself is undivided
Spiller - no right of survivorship
Joint Tenancy
Harms v. Spraque - right of survivorship means that the deceased tenat’s interest automatically pass to the surviving tenants
Ark Land Co. - partition
Tenancy by the entitiy
Sawada - creditors cannot attach interest
Easements
AKG Real Estate - Servient tenant cannot unilaterally relocate or terminante an express easement
Houston Bellaire - easement by implication requires unity of ownership, apparent use, and necessity
Fike - easement by necessity for landlocked property
Shwab - no easement by necessity if public road access is conveyed
Strollo - easement by necessity is limited to reasonable use
McDonald - must show continuous, hostile, and notorious use for prescriptive easement
License
Holbrook v. Taylor- when licensee makes significiant improvements based on landowner’s permission the license becomes irrevocable
The real covenenat
El Paso Refinery - the court ruled that a covenent not to seek environmental cleanup does not bind future owners bc it does not touch and conern the land
Types of notice
Harper v Paradise - person who records deed without knowledge of prior unrecorded conveyances has priority
In Re Clare Bungalow Homes LLC.- residents have right to property over creditor
Deeds
Hickey v. green- SOF elements
Rosengrant v. Rosengrant - intent to transfer immediately
Seller’s duty to disclose
Johnson v. Davis- failure to disclose may result in liabiltiy for fraud or breach of contract
Nuisance
Spur Industries- ct required nusiance causing party to cease actions but allowed for compensation
Estancies Dallas Corp - injunction is appropraite if it prevents more harm than it causes.
Boomer - permanent damages rather than injunction perferred when the economic benefit outweighs the harm
Zoning
Euclid - zoning is valid exercise of police powers
AVR Inc. - amortization factors: nature of the use and public benefit
Takings
Penn Central Transportation Co. - taking elements: economic impact, interference with reasonable investment backed expectations, and the character of government action
Kelo- eminent domain for economic development
