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1L > Property Final > Flashcards

Property Final Flashcards

1
Q

Bundle of sticks definition

A

Analogy used to explain the complex ownership of property. Each stick represents a right of the owner related to the land

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2
Q

The bundle of sticks

A

Possession, control, exclusion, enjoyment, disposition

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3
Q

Possession definition

A

Owned by whomever holds the title

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4
Q

Control definition

A

Controls the use of the property

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5
Q

Exclusion definition

A

Others can be excluded

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6
Q

Enjoyment definition

A

Use the property in any legal manner

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7
Q

Disposition defintion

A

Sell, rent, or transfer ownership

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8
Q

First in time is first in right definition

A

Being there first justifies ownership rights

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9
Q

Two ways to acquire property rights

A

First possession and subsequent possession

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10
Q

First possession includes

A

Discovery, capture, and creation

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11
Q

Subsequent possession includes

A

Find, adverse possession, and gift or bequest

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12
Q

Difference between ownership and possession?

A

You can possess (have) something, but someone else can hold ownership (title)

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13
Q

Rule of discovery

A

The sighting or finding of unknown territory, usually accompanied by a landing and the symbolic taking of possession. The first person to reach a soil and settle there is the discoverer

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14
Q

Locke’s labor theory

A

Everyone has a property in her own person. When a person changes something from its natural state into something else, it becomes her property

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15
Q

Rule of capture

A

Actual bodily seizure is not necessary to acquire a right to or possession of wild animals. Instead, possession of the wild animal occurs when the pursuer mortally wounds the wild animal, the pursuer doesn’t abandon her pursuit, the pursuer manifests an unequivocal intention of appropriating the animal to her individual use, and deprives the wild animal of its natural liberty by bringing it within her certain control

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16
Q

Rule of capture allows a competitor

A

To interfere with the other’s mere pursuit

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17
Q

Non-competitor rule

A

A person who does not seek to capture an animal, but rather to interfere with the other’s capture seeks to disrupt the efficient use of resources and must be stopped

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18
Q

Ratione soli

A

Exception to the rule of capture. Owner of the land has constructive possession of every wild animal on their land

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19
Q

Custom is recognized if

A

Specialized, small industry, necessary to preserve the industry, custom is pervasive (affects entire industry), the custom is undisputed, taker performed the acts necessary for appropriation

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20
Q

Reasons why the possession of subsequent possessors is protected

A

Promotes peaceful public order, protects against wrongdoers and rewards honest finders, possession may be the only indicium of ownership, finders bring lost items back into commerce, finders may facilitate getting an item back to its owner

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21
Q

Who is a finder?

A

One who takes possession of lost property that is owned by another without permission

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22
Q

For possession a finder must show

A

An intent to control the property and an act of control

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23
Q

Categories of found property

A

Lost property, mislaid property, abandoned property, and treasure trove

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24
Q

Lost property

A

True owner is unintentionally separated from the property through neglect or inadvertence

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25
Q

Mislaid property

A

The true owner intentionally places her property in/on a certain place with the expectation to retain ownership but fails to reclaim it or forgets where she put it

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26
Q

Abandoned property

A

True owner must have intentionally and unequivocally relinquished all right and title in the property

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27
Q

Treasure trove

A

Any money or coin, gold, silver plate or bullion hidden in the earth

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28
Q

The title of the finder is as good as against the whole world except

A

The true owner or prior possessors

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29
Q

What influences a court’s decision about a finder’s rights?

A

Presumed intent of the original/rightful owner, location where the property is found, and identity/status of competing claimants

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30
Q

What is adverse possession?

A

How one may establish greater rights in property (real or personal) over its true owner

31
Q

Adverse possession formula

A

A’NOCHE possession + passage of certain time

32
Q

What does A’NOCHE stand for?

A

Adverse, notorious, open, continuous, hostile, and exclusive

33
Q

Actual possession majority approach

A

Adverse possessor entered onto someone’s land and started using it as a true owner would. Must physically come on to the land

34
Q

Actual possession minority approach typical requirements

A

Claimant must cultivate, substantially enclose, or improve the property

35
Q

Actual possession starts

A

The statute of limitations clock

36
Q

What happens if a claim for adverse possession is successful?

A

Adverse possessor gains good title to the property

37
Q

What is a quiet title action?

A

Action before a specialized court of equity that silences anyone else who is also claiming the title. Addresses a specific, real, or perceived title defect, but does not deal with all property ownership issues. Limited to a specific claim

38
Q

For adverse possession, the burden of proof is always on

A

The adverse possessor

39
Q

Notorious possession

A

Make it known to the true owner (put them on notice) that an adverse possessor is on their land

40
Q

Open possession

A

Adverse possessor must share their possession with the whole world. Can’t be hidden or stealthy

41
Q

Continuous possession

A

Adverse possessor occupied the property in the manner required. Depends on the nature/circumstances of the property

42
Q

Hostile possession 3 tests

A

Objective test, subjective/good faith test, aggressive/intentional trespasser test

43
Q

Hostile possession objective test

A

Majority approach. Intent of the adverse possessor doesn’t matter

44
Q

Hostile possession subjective/good faith test

A

Minority test. Adverse possessor must have a good faith belief/was mistaken

45
Q

Hostile possession aggressive/intentional trespasser test

A

Minority test. Adverse possessor knew they didn’t own the property and intended to take the property anyways

46
Q

Exclusive possession

A

Adverse possessor cannot share the land with the true owner or the general public

47
Q

What happens if one of the A’NOCHE elements is not met?

A

Statute of limitations starts over

48
Q

What is a color of title?

A

A claim found on a written instrument that is defective and invalid

49
Q

Difference between adverse possession and color of title

A

One can claim adverse possession over part or all of another’s land whereas with color of title, whatever you physically possess, you obtain constructive possession

50
Q

Benefits of color of title

A

Actual possession of only a part of area described in the colorable title is treated as constructive possession of the whole area covered by the instrument and in many jurisdictions, the required period of possession is shortened

51
Q

Color of title requirements

A

Defective instrument, possession, statute of limitations

52
Q

Doctrine of agreed boundaries

A

If there is uncertainty between neighbors as to the true boundary, an oral agreement to settle the matter is enforceable if the neighbors subsequently accept the line for a long period of time

53
Q

Doctrine of estoppel

A

One neighbor makes representations about (or engages in conduct that tends to indicate) the location of a common boundary, and the other neighbor changes her position in reliance on the representations or conduct. The first neighbor is estopped from denying the validity of the statements

54
Q

Doctrine of acquiescence

A

Long acquiescence (long silence) is evidence of an agreement between parties fixing the boundary line

55
Q

What is privity?

A

Either some reasonable connection, i.e., possessor voluntarily transferred an estate in land or physical possession to a subsequent possessor, or possessors entered into an agreement with one another

56
Q

American rule for tacking

A

Tacking is not permitted unless the successive occupants are in privity

57
Q

English rule for tacking

A

Tacking is permitted regardless of the successive occupants’ privity relationship

58
Q

Disability statutes and adverse possession requirement

A

The disability must be present when the adverse possession began (when the adverse possessor entered/actually possessed the property)

59
Q

If the disability arises after the adverse possession began

A

Then the disability statute does not apply

60
Q

The disability statute allows

A

The true owner to either use the regular statute of limitations for adverse possession or the disability statute, which ever is longer

61
Q

Who is the innocent improver?

A

Someone who mistakenly builds on land who belongs to another but is subsequently ousted from the land before the statutory period for adverse possession had run

62
Q

What is the modern tendency toward innocent improvers?

A

Forcing a market value conveyance of land from the landowner to the innocent improver

63
Q

What is a gift?

A

A voluntary and immediate transfer of personal property without consideration from one person to another

64
Q

Two types of gifts

A

Inter vivos gifts and gifts causa mortis

65
Q

Three requirements for inter vivos gifts

A

Intent to make a present, immediate transfer, delivery, and acceptance

66
Q

Intent defintion for gifts

A

Donor must intend to make an immediate transfer of title of the personal property to the donee. A gift that takes immediate effect may be subject to a condition subsequent

67
Q

Delivery definition for gifts

A

In order to transfer property by gift there must be a physical handing over of the property to the donee

68
Q

3 methods of delivery

A

Manual/actual delivery, constructive delivery, and symbolic delivery

69
Q

Constructive delivery

A

Something that gives the meaning of access to the donee

70
Q

Symbolic delivery

A

Handing over something symbolic of the property given

71
Q

Acceptance is presumed

A

If the gift is beneficial to the donee

72
Q

Four elements for gift/donatio causa mortis

A

Intent, delivery, acceptance, and donor’s anticipation of imminent death

73
Q

Unlike an inter vivos gift, a gift causa mortis is

A

Revocable until death

1L (1 decks)

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