Property Definitions

Question 1

What is required for possession?

Answer 1

Possession = intent + control. 1) an intent to possess on the part of the possessor, and 2) their actual controlling or holding the property

Question 2

What is conversion?

Answer 2

A common law tort of using another’s property inconsistent with the rights of the true owner or rightful possessor.

Question 3

What is a replevin?

Answer 3

The action or remedy to recover an asset that has been converted by another. This typically includes money damages for injury to the asset.

Question 4

What is trover?

Answer 4

The action for monetary compensation for conversion of personal property. This is a forced sale, essentially.

Question 5

What is lost property? Who does it belong to?

Answer 5

Property the true owner unintentionally and unknowingly dropped or lost. Lost property belongs to the finder, assuming the true owner cannot be located.

Question 6

What is mislaid property? Who does it belong to?

Answer 6

Property the true owner intentionally placed in a given location and then left, or intentionally left intending to return for it later. Mislaid property belongs to the owner of the locus in quo (unless and until the true owner is located).

Question 7

What is abandoned property? Who does it belong to?

Answer 7

Property the true owner intentionally and voluntarily relinquished, with the intent no longer to own the object and without transferring his rights to another person. This requires an act of abandonment and the intent to abandon. Typically, the finder keeps this, but courts usually disfavor trespassers, so a trespasser who finds lost property, abandoned property, or treasure trove will lose out to the landowner.

Question 8

What is a gift? What two types of gifts do we study?

Answer 8

A voluntary, noncontractual, gratuitous transfer of property. Inter vivos gift, which is a gift between living persons, and a gift causa mortis, which is a gift made on account of a donor’s impending death.

Question 9

What elements are necessary for an inter vivos gift?

Answer 9

Donative intent, delivery of the object to the donee, and the donee’s acceptance of the object.

Question 10

What is a bailment?

Answer 10

The transfer and delivery by an owner or prior possessor of possession of personal property to another (the bailee) whose purpose in holding possession is often for safekeeping, repair, transportation, or for some other purpose more limited than dealing with the object or chattel as would its owner and where the return of the object or chattel is to be in the same, or substantially the same, undamaged condition in which it was received.

Question 11

What is misdelivery for bailments?

Answer 11

Occurs when a bailee delivers the bailed object to an unauthorized person. The bailee is strictly liable in these cases.

Question 12

What are the 3 standards of care for bailments?

Answer 12

1. Slight care, meaning gross negligence needs to be proven.
2. Reasonable care, meaning negligence needs to be proven.
3. Mere neglect/strict liability, meaning only mere neglect needs to be proven.

Question 13

What is adverse possession? What elements are required for a successful AP?

Answer 13

A legal doctrine that allows someone to take the property of another.

1) actual entry, 2) open and notorious possession, 3) adverse and underclaim of right, 4) continuous for the statutory period, which varies state to state

Question 14

What is a fee simple interest? Conveyance language?

Answer 14

Closest thing our system has to full ownership of land. Unlimited duration. No future interest.

“to A and A’s heirs.”

Question 15

What is a life estate? Conveyance language?

Answer 15

Duration is limited and measured by a human life. The future interest is that upon death, the land goes to someone else. The default is a reversion.

“to A for life” (reversion) | “to A for life and then to B” (remainder)

Question 16

What is the difference between vested and contingent remainders?

Answer 16

A vested remainder belongs to a known person with no conditions, while a contingent remainder depends on a condition precedent.

Question 17

What does RAP prohibit?

Answer 17

No interest [subject to the rule] is good unless it must vest [in a closed class], if at all, no later than 21 years after some life in being at the creation of the interest

Question 18

What types of interests commonly violate RAP?

Answer 18

Contingent remainders, executory interests, and some class gifts (e.g., “To A’s grandchildren who reach 25”).

Question 19

What are the four unities required for a joint tenancy?

Answer 19

Time, Title, Interest, and Possession.

Question 20

How can a joint tenancy be severed?

Answer 20

By sale, partition, or sometimes by a mortgage (varies by jurisdiction)

Question 21

What are the four types of leasehold estates?

Answer 21

1) Term of years, 2) Periodic tenancy, 3) Tenancy at will, 4) Tenancy at sufferance.

Question 22

What does the Implied Warranty of Habitability require from landlords?

Answer 22

Landlords must keep residential premises in livable condition (e.g., no major structural issues, heat, plumbing).

Question 23

What are the elements of constructive eviction?

Answer 23

1) Landlord intended that tenant no longer enjoy the premises, 2) landlord committed a material act or omission, 3) landlord permanently deprived P of the use and enjoyment of the premise, 4) tenant abandoned the premises

Question 24

What is an assignment when we’re thinking about transferring leases?

Answer 24

Transfer of all of their rights to the new tenant

Question 25

What is a sublease?

Answer 25

Original tenant transfers something less than all of her rights to the new tenant

Question 26

What is an abandonment for ending the leasehold?

Answer 26

If a tenant abandons the premises and moves out before the end of the lease, the tenant is implicitly attempting to surrender the lease. The landlord can accept or refuse the surrender. If accepted, they can still sue for damages.

Question 27

What is a holdover?

Answer 27

A tenant who stays in possession after the lease expired. The landlord has two options: Landlord can treat them as a trespasser, or they can hold the tenant over on a new lease term (tenancy at sufferance) and we should think about this option as a remedy.

Question 28

What are the four non-express easements?

Answer 28

Easements by prescription, estoppel, implied by existing use, and easement implied by necessity.

Question 29

What is a community property state?

Answer 29

A state where we divide all the marital property in half.

Question 30

What is a separate property state?

Answer 30

A state where we focus on equitable distribution of marital property, which is property acquired during marriage.

Question 31

What is a grant?

Answer 31

When I give you an easement.

Question 32

What is a reservation?

Answer 32

When I keep the easement to myself. I convey a piece of land to someone, but reserve an easement for myself.

Question 33

What is appurtenant and in gross?

Answer 33

Appurtenant is when the benefit of a servitude is tied up with a parcel of property. A benefit is in gross if it is not tied up with a parcel of property (utility easement as an example) and is a benefit benefitting a specific individual or entity, rather than being tied up with a specific piece of land.

Question 34

What is an affirmative servitude?

Answer 34

Entitles the holder of the benefit to positive engagement of the property. Easements are almost always affirmative.

Question 35

What is a negative servitude?

Answer 35

Prevents the owner from doing something. These are rare and are typically done as covenants.

Question 36

What elements are necessary for easements by estoppel?

Answer 36

1) Conduct by one person (action or speech), 2) detrimental change by another person, 3) in reliance on the first person's conduct.

Question 37

What elements are necessary for easements implied by existing use?

Answer 37

1) Unity of ownership of the two parcels 2) after separation, one of the parcels visibly or apparently made some use of the other parcel, 3) continuous use, and 4) quasi-easement must be reasonably necessary to the owner of the parcel claiming the benefit of the easement.

Question 38

What elements are required for a prescriptive easement?

Answer 38

Continuous, hostile, and notorious use of the easement for the requisite time period (10 years for us). The Court used the objective test for hostility.

Question 39

What elements are required for an easement by implication?

Answer 39

1) unity of ownership, 2) apparent and 3) continuous use that is 4) reasonably necessary to the use and enjoyment of the dominant estate.

Question 40

What is required for easements implied by necessity?

Answer 40

Unity of ownership at some relevant point in time, ownership transfers a landlocked parcel, and the easement must be a strict necessity.

Question 41

What are the elements for nuisance?

Answer 41

Intentionally and unreasonably interfering with another person's use and enjoyment of the property. Needs to be intentional, unreasonable, and substantial.