Property Law

Question 1

Real property

Answer 1

encompassed by land and permanent constructions

Question 2

chattel

Answer 2

refers to a catch-all category of personal possessions or moveable goods

Question 3

Intellectual property

Answer 3

refers to intangible creations of the mind. I.e: copyrights, patents, brands

Question 4

Fee simple absolute

Answer 4

to x and his/her heirs; refer to outright possession to inherited land regardless of future circumstances.

Question 5

life estate

Answer 5

to x for life; refer to outright possession to inherited land regardless of future circumstances.

Question 6

condition subsequent

Answer 6

to x, upon the condition that

Question 7

determinable

Answer 7

“to x so long as…” capable of being brought to an end under given conditions

Question 8

Possession

Answer 8

ownership, control, or occupancy of any object by a person

Question 9

Alienable

Answer 9

transferable. an interest in property is alienable if it may be conveyed by one party to another

Question 10

zoning ordinance

Answer 10

outlines permitted uses for various sections of land

Question 11

covenants

Answer 11

real covenants are covenants that run with land. a covenant that runs with land is enforceable against and or by future owners of that land

Question 12

adverse possession

Answer 12

a person in possession of another’s land can acquire valid title to it so long as certain requirements are met

Question 13

actual possession

Answer 13

having physical ownership over an object

Question 14

Open and Notorious

Answer 14

possession of the property is not covert or hidden, but obvious to others

Question 15

Exclusive possession

Answer 15

claimant must hold possession of land for himself and not for another

Question 16

Hostile claim

Answer 16

an individual occupies the real property of another without the true owner’s consent

Question 17

Continuous and uninterrupted possession

Answer 17

continuous occupation of someone else’s property without permission

Question 18

Dominant Estate/ Servient estate

Answer 18

privilege of the owner of a parcel of land (or dominant estate”, concerning the owner of another parcel of land (or servient estate). Owner of servient estate may not interfere with such a privilege

Question 19

Affirmative

Answer 19

Rights to another’s land

Question 20

Negative

Answer 20

right to prevent uses on anothers land

Question 21

Expressed or implied

Answer 21

you have a legally binding, non-possessory “interest” in another party’s land in a limited way

Question 22

Tenants

Answer 22

have rights to use, possession, exclusion, quiet enjoyment of their property

Question 23

Constructive eviction

Answer 23

landlord is not repairing what should be repaired

Question 24

Eviction

Answer 24

removal of tenant from property so it can be rented to someone else

Question 25

sublease

Answer 25

allows an original tenant to sublease a property to another tenant, making the new tenant the sublessee

Question 26

periodic tenancy

Answer 26

a type of lease agreement that continues for successive periods until the tenant gives the landlord notification that they want to end the tenancy

Question 27

tenancy at will

Answer 27

tenancy without a predetermined duration. either party can terminate this tenancy at any time

Question 28

tenancy at sufferance

Answer 28

a tenant wrongfully holds a property past the duration period of the tenancy

Question 29

Takings (eminent domain)

Answer 29

takins refer to the power of the state to take possession of your property. The government can take property for public services such as schools and roadways

Question 30

Just compensation

Answer 30

refers to the appraised fair market value

Question 31

Lucas v. SC Coastal Commission

Answer 31

The Court ultimately decides it is a regulatory taking. In a regulatory taking, the government restricts a person’s use of their property to the point of it constituting a taking.

Question 32

Kelo v. City of new london

Answer 32

redefined public purpose

Question 33

Nuisance

Answer 33

A nuisance refers to a property owner that interferes with the use and enjoyment of another’s property

Question 34

Public Nuisance

Answer 34

unreasonable interference with a right shared by general public

Question 35

Private nuisance

Answer 35

interference with use and enjoyment of land that “substantially and unreasonably” hinders an individual’s enjoyment of their property

Question 36

Injunctive relief

Answer 36

goal of many nuisance cases. For nuisance causing behavior, plaintiffs want an order from a court that halts the nuisance

Question 37

Coming to the nuisance

Answer 37

refers to an instance in which the plaintiff moves to an area and sues a pre-existing nuisance such as noise, pollution, etc.

Question 38

Regulatory taking

Answer 38

the government restricts a person’s use of their property

Question 39

Taking(eminent domain)

Answer 39

the power of the state to take possession of your property

Question 40

fifth amendment

Answer 40

states that the government cannot take property without just compensation