Property Law Flashcards
Property
Anything (physical or intangible) that can be owned by a person or entity
Adverse possession
A doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the person is in possession for a sufficient period of time.
The possession has to be hostile or adverse to the owner’s wishes.
Personal property/Chattel
movable tangible property
Intangible property
Property that is untouchable like goodwills and IP rights
Landlord-tenant law
Governs the rental of commercial and residential property
Real property
Refers to land and anything that land contains be it minerals underground or crops.
Title
Demonstrates ownership of property
What does property law pertain to?
- About human interactions
- The human interaction must relate to something (like an object etc.)
- The thing in question can be of various kinds (immovable, movable, intangible, notional)
Notional property
Legal rules create fictional assets in particular contexts.
Trespass (Civil Action)
Civil action owner of immovable property can take legal action if person enters property without prior authorization.
If trespasser acted willingly or decidedly (meaning he or she had control of his or her actions), state of mind (whether they unintentionally crossed land or not, or whether they was malicious intent) or whether harm was caused does not matter.
Why does the Law of Trespass not care about whether harm was done or the intent of the trespass?
It emerged historically as the principle by which owners could have the boundaries of their land delineated.
The dispute is the basis for delineating land boundaries. So, these two things have to be taken out of consideration in the dispute.
Features of American Property Law
- State court rulings, for the most part, form the basis of American property law.
- Has a dose of legal realism.
- It is adaptable depending on the situation. It adopts various different values and objectives to adapt to various situations.
What are different state approaches to satisfy the hostile/adverse requirement under the Law of Adverse Possession?
Maine Rule: Possessor needs to show intent to possess land of another person.
Connecticut Rule: Permission was not sought to possess the land by the adverse possessor from the owner.
Other Approaches: Intentional trespasses are problematic and will not allow for adverse possession in some jurisdictions. Mistakes can satisfy the adverse/hostile element however.
Legal realism
Movement that took place in first half of 20th century
According to this theory, judges consider not only abstract rules, but also social interests and public policy when deciding a case.
Ex: A judge making a decision based on how it would impact the public’s welfare.
Legal formalism
According to this theory, once lawmakers produce rules, judges apply them to the facts of a case without regard to social interests and public policy.
