Property Fall Final Terms Flashcards
Livery in seisen
- Only way to transfer property before contracts and equity
- Sufficient delivery with acknowledgement of a witness
- Pick up piece of land and pass it over to the donee in front of witnesses
Cuius est solum, eius est usque ad inferos
Property holders have rights not only to the plot of land itself but also to the air above and the ground below
o Limited later
Real property
land and fixtures of land
Personal property
everything else
Choses in action
intangible stuff (rights rather than physical)
Choses in possession
things you can actually have/ hold
Quasi property
way court can get around setting a precedent setting ruling
Profit a prendre
license to allow you to go on someones land for the benefit of getting something
Express trust
No delivery required, can be created orally, created inter vivos or in a will
o Intention to create trust
o Certainty of subject (whos getting it)
o Certainty of object (whats going to them)
Constructive trust
Person without title to property has made contributions to it
o Arise even without intention to create trust
o Takes into consideration WLE
Resulting trust
Occurs when one person purchases property on behalf of the other
o Ex: titles to your children—holding property for your kid
o Ex: house is in A’s name but both payed for it
Relativity of Title Principle
Even though someone may have “title”, a person with possessory interests may nonetheless have a superior claim over someone who interferes with it (ex: theft)
Jus Tertii
Third Party
IMPORTANT
Always necessary to assess how a possible claim by a “true owner” affects litigation between a plaintiff and the defendant
Possessory Title
a person’s possession may by itself create a proprietary interest
