Property Fall Final Terms

Question 1

Livery in seisen

Answer 1

• 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

Question 2

Cuius est solum, eius est usque ad inferos

Answer 2

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

Question 3

Real property

Answer 3

land and fixtures of land

Question 4

Personal property

Answer 4

everything else

Question 5

Choses in action

Answer 5

intangible stuff (rights rather than physical)

Question 6

Choses in possession

Answer 6

things you can actually have/ hold

Question 7

Quasi property

Answer 7

way court can get around setting a precedent setting ruling

Question 8

Profit a prendre

Answer 8

license to allow you to go on someones land for the benefit of getting something

Question 9

Express trust

Answer 9

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)

Question 10

Constructive trust

Answer 10

Person without title to property has made contributions to it
o Arise even without intention to create trust
o Takes into consideration WLE

Question 11

Resulting trust

Answer 11

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

Question 12

Relativity of Title Principle

Answer 12

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)

Question 13

Jus Tertii

Answer 13

Third Party

Question 14

IMPORTANT

Answer 14

Always necessary to assess how a possible claim by a “true owner” affects litigation between a plaintiff and the defendant

Question 15

Possessory Title

Answer 15

a person’s possession may by itself create a proprietary interest

Question 16

Inter Vivos

Answer 16

gifts between the living

Question 17

Donatio Mortis Causa

Answer 17

gifts in contemplation of death, gift subject to revocation if they live

Question 18

Testamentary

Answer 18

wills (we don’t really go into this)

Question 19

Act of delivery

Answer 19

provides tangible proof of a gift and helps demonstrate the necessary intention to make a gift

Question 20

Constructive delivery

Answer 20

Delivery of the “means of control” ex: keys to the car

Question 21

Acceptance

Answer 21

implied until there is rejection

Question 22

Bailment

Answer 22

Transfer of possession of a chattel for a specified purpose with expectation of return

Question 23

Gratuitous bailments

Answer 23

For sole benefit of bailor, duty of care is low (gross negligence)

Question 24

Commercial transaction

Answer 24

Both benefit, medium duty of care (negligence– reasonable standard of care)

Question 25

Common carriers

Answer 25

For sole benefit of bailee, high duty of care (strictly liable)

Question 26

License

Answer 26

Owner (licensor) agrees to permit a license onto the property, doesn't impose duty of care