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Property > Property Chapter 1-4 > Flashcards

Property Chapter 1-4 Flashcards

1
Q

combine labor with resources to make ownership

A

labor theory of property

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1
Q

Person who owns a parcel of land also gains the rights to the use of the water contained on or around the land

A

riparian rights

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2
Q

First appropriator from a natural stream has a right to divert the water (subject to _______ requirement)

A

Prior Appropriation; beneficial use

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3
Q

name for person/movable property

A

chattel

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4
Q

infrastructure and other resources become more valuable the more they are used (beaches, roads)

A

Comedy of Commons

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5
Q

compelled to increase value to no limit in a limited world

A

Tragedy of commons

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6
Q

5 req’s for adverse possession

A

Hostile, Exclusive, Open and Notorious, Actual, Continuous

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7
Q

AP req that conveys clear message that posessor intends to hold land as their own

A

hostile

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8
Q

What defeats hostile part of AP?

A

Permission

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9
Q

AP req that ensure land is shared how reasonable owner would

A

Exclusive

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10
Q

AP req: must be overt and noticed annually (2 examples)

A

Open and notorious; sewers, fences

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11
Q

AP req that says use must be consistent with lands character

A

Actual (farming for farming)

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12
Q

AP req of 30 years

A

Continuous

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13
Q

enables a succession of adverse possessors to collectively satisfy a statutory period

A

tacking

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14
Q

Record owner has disability situation to pause SOLimitations until age of authority is met

A

Tolling

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15
Q

procedure that allows you to change or record a new deed

A

quiet title

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16
Q

Under the modern approach, what analysis is used for an improved trespasser?

A

Cost-benefit

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17
Q

3 types of co-ownership

A

TIC, Joint, Tenancy by the Entirety

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18
Q

Creation of 3 tenancies

A

TIC=default
Joint=express language about survivorship and intetnion
Entirety= spouses only

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19
Q

Ownership divisions of 3 tenancies

A

TIC: fractional shares in undivided property
JT,Entirety=each has 100%

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20
Q

Expenses/income distribution of TIC

A

proportionate based on shares

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21
Q

Alienation of TIC

A

separately held ability to give or sell at will

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22
Q

Alienation of Joint tenancy

A

Either party can unilaterally sever to become TIC with equal shares

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23
Q

Alienation of T by the Entirety

A

Divorce or consent of both spouses

24
Q

Remedy of TIC

A

Partition, Accounting, or contribution actions

25
Q

Remedy of Joint

A

Equal shares

26
Q

Remedy of Tenancy by the Entirety

A

Shares decided in Court

27
Q

Survivorship of TIC

A

goes to those in will

28
Q

Survivorship of Joint tenancy

A

Remaining tenant inherits undivided interest

29
Q

Survivorship of T by the Entirety

A

Remaining tenant inherits undivided interest

30
Q

Preventing cotenant from using one part or all of the land

A

ouster

31
Q

The right to share in profits (actual value received, not FMV)

A

Accounting option

32
Q

action brought to share the cost between TIC

A

Contribution option

33
Q

revocable permission to act on another’s property (crash on couch

A

license

34
Q

transfer exclusive possession of real property for period of time

A

leasehold

35
Q

4 LL rights

A

Rent income, major property decisions, sell property, reversion at term

36
Q

3 LL Obligations

A

Delver possession, Implied warranty of habitability, covenant of quiet enjoyment

37
Q

3 LL Remedies

A

injunction, negotiation, lawsuit for eviction/damages

38
Q

2 Tenant rights

A

use, exclude

39
Q

3 tenant obligations

A

pay rent, no damage, comply with k promises

40
Q

4 Tenant remedies

A

Move, withhold rent, repair and deduct, stay and sue

41
Q

Determinative period with specified end date.

A

Term of years

42
Q

Indeterminate end date (auto payments)
Periodic rent payments (monthly)

A

Periodic tenancy

43
Q

Informal catchall to all tenants

A

Tenancy at will

44
Q

Termination of term of years

A

Automatically at end date.
No notice requirement.

45
Q

Termination of Periodic tenancy

A

Can terminate with notice from either party (varying min notice req’s)
Termination does not occur at death, estate is responsible

46
Q

Termination of tenancy at will

A

Most states have 30 day notice req.
Automatically terminate if tenant/LL die; property sale

47
Q

Tenancy Used for tenant who is wrongfully maintaining possession. (don’t move out at end of period; obligations continue)

A

Tenancy at sufferance

48
Q

LL cannot substantially interfere with tenant’s use of the property

A

Covenant of quiet enjoyment

49
Q

imposes a duty on landlords to provide residential tenants with clean, safe, and habitable living space

A

Implied warranty of habitability

50
Q

What costs can a LL recover for abandonment?

A

Damages for costs of finding tenant and damages for when the unit was empty, unpaid rent

51
Q

Tenant agrees to turn over property, pay small fee; LL releases all obligations

A

surrender

52
Q

substantial interference must be caused by whom to fit the covenant of quiet enjoyment?

A

landlord

53
Q

When does ownership by AP occur

A

once all 5 reqs are met

54
Q

What damages does a landlord get in a $1000/month lease with a one-year term, where the tenant moves out after 6 months?

A

6 months rent less what he can recover through reasonable mitigation

55
Q

changing locks on the apartment constitutes what LL violation?

A

Covenant of quiet enjoyment

56
Q

testamentary conveyance of personal property

A

bequest/legacy

57
Q

party receiving personal property

A

legatees

Property (7 decks)

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