Property Law Flashcards
Business law
What does Real Property include?
Land, buildings fixed to the land, property under the land and above the land
What are the characteristics of a deed?
Must be in writing Signed Description of Property Delivered Recorded
What are the characteristics of a Mortgage?
Must be in writing
Signed
Description of property
Delivered
What are the characteristics of a lease?
No writing required if < 1 year
Warranty of habitability is implied
Death does not terminate a lease
Sale of property does not terminate a lease
What is personal property?
Tangible property, such as cars, equipment, etc.
Intangible property such as patents, trademarks, copyrights, etc.
What are the three requirements for a gift?
Intent for it to be a gift
Delivery of the gift
Acceptance of the gift
What are the rights of found property?
Lost property - Finder’s rights to property are less than Owner’s
Abandoned property - Finder’s rights to property are greater than Owner’s
What is tenancy in common?
Undivided interest in a portion of the property
Upon death, property goes to decedent’s heirs
What is joint tenancy?
Undivided interest in entire property
Upon death, property goes to other joint tenants