Property Rule Statements

Question 1

Bailments

Answer 1

a bailment is the rightful possession of goods by someone who is not the true owner. There are four types: (1) for the benefit of the bailolr, (2) for the mutual benefit of the bailor and the bailee, (3) for the benefit of the bailee, and (4) misdelivery. THe bailee’s duty of case varies: (1) slight care is required for the bailor’s benefit, (2) ordinary care for the mutual beneift, and (3) great care for the bailee’s benefit, and (4) strict liabiltiy for misdelivery. In Peet v. Roth Hotel Co. the court ruled that the bailee must prove the loss was not due to negligence.

Question 2

Gifts

Answer 2

A gift is a voluntary transfer of property. Valid gifts are irrevocable. Gifts inter vivos, meaning a gift among the living, requires intent, delivery, and accpetance. In Carter v. Percy, the court held that gifts made during life must be delivered even if the person dies before delivery is made. A gift causa mortis is a gift made in anticipation of donor’s death and is revocable.

Question 3

Rule of Capture

Answer 3

The rule of capture states that one succeeds in acquiring property interest in wild animals by mortolly wounding the animal or so maiming or ensnaring it as to render its escape virtually impossible. In Pierson v. Post, the court held that mere pursuit is not enough. Ratione Solie finds that the landowner is the presumptive constructive possesor of all that is on their land.

Question 4

Findings

Answer 4

The acquistion of found property depends on its types and the circumstances of the find. Abandoned property, intentionally given up by the owner, belongs to the finder. Lost property, unintentionally lost by the owner, can be claimed by the finder after 12 months if the owner does not make a claim, as estbalished in Armory v. Delamirie. Mislaid property, intentionally placed and then forgotten by the owner, belongs to the owner of the premises where it was found, as stated in Benjamin v. Lindner Aviation. Treasure troves consisting of coins or currency likely left by a deceased or unknown owner, belong to the finder. In Popov v. Hayashi, the court held that a person who almost gains possession of an item but is thwarted by another’s unlawful conduct holds a pre-possessory interest in the item.

Question 5

Adverse Possession

Answer 5

Adverse possession allows a possessor to gain title to land after a staturorialy perscribed time period, if certian elements are met. According to Howard v. Kunto the possession must be: hostile, exclusive, lasting, uninterrupted, visable and actual. Possession must be open and notorious providing clear ntoice to the true owner, as stated in Marengo Cave Co. In Manillo, the court distinguished between the Maine and Conneticut doctinre. The Maine doctrine requires an actual hostile intent and the conneticut doctrine does not. `

Question 6

Term of years

Answer 6

a term of years is a leashold interest that is for a fixed period of time, with a definite beginning and end date. No notice is required to terminate the lease at the end of the term, as the lease expires automatically.

Question 7

Periodic Tenancy

Answer 7

A periodic tenancy is a leashold interest that automatically renews at regular intervals, unless either party gives notice to terminate. This tenancy is created by the payment of rent of successive periods.

Question 8

Tenancy at will

Answer 8

A tenancy at will is a leasehold estate that can be terminated by either party at any time, without notice or a fixed duration and typically arises by the agreemnt of the parties or through the continuance of possession without a formal lease. In Effel v. Roseberg the court held that a lease that is not for a certain period of time creates a tenancy at will.

Question 9

Delivery of posession

Answer 9

Under the English Rule, the landlord must deliver actual physical possession of the premises at the start of the lease, as held in Adrian v. Rabinowitz. Under the American Rule, the landlord is only required to deliver legal possession.

Question 10

Fair Housing Act

Answer 10

The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, family status, or disability. It does not apply to single family homes or owner occupied buildings with up to 4 units known as the Mrs. Murphy Exception. In discrimination cases, the complainant must prove unfair treatment. One a prime facie case is made, the burden shifts to the defendant to provide a non-discrimiantory reason, as established in Neithamer. State and local laws may offer additional protections and in cases of conflict the more protective law prevails.

Question 11

Teanants Rights and Remedies

Answer 11

A tentant has several remedies under lease agreements, including rent abatement if the landlord fails to maintain habitable conditions or breaches the lease, the right to repair and dedcut if the landlord neglects necessary repairs, and the option to terminate the lease if the landlord breaches their obligations. Additonally, the tenant cna pursue legal action for damages, such as breach of contract, or failure to repair or seek injunction relief to compel the landlord to fulfill their duties.

Question 12

Covenant of quite use and enjoyment

Answer 12

The Covenant of quiet enjoyment is an implied promise in every lease that gaurantees the tenant’s right to peaceful and undisturped possession of the leased premises. It ensures that the tenant can use the property without interference from the landlord or others.

Question 13

Constructive Eviction

Answer 13

Constructive Eviction occurs when a landlord’s action or inaction make the property uninhabitable, forcing the tenant to leave. To claim constructive eviction the tenant must prove the landlord’s conduct interferred with their use of the premises, the tenant gave notice and reasonable time to fix the issue, and the tenant vacated within a reasonable time. Remedies include lease termination, rent abatement, and damages. In Fidelity Mutual Life Insurance the court ruled that a landlord’s failure to address repeated requests to ensure quiet enjoyment can lead to constructive eviction.

Question 14

Implied Warranty of Habitability

Answer 14

The implied warranty of habitability is an automatice promise in residential leases that the landlord will keep the property safe, clean, and livable. In Hilder, the court ruled that this warranty cannot be waived.

Question 15

Transferring a leasehold

Answer 15

Transferring a leasehold can be done through an assignment or sublease. In an assignment, the tenant tranfers the entire interest to a third party, who assumes the lease obligations, but the original tenant remains liable to the landlord. In a sublease, the tenant retains responsibility for the lease while renting the premises to a third party, maintaining privity of the estate and contract with the landlord. Landlords may only withold consent to transfer for reasonble, non-discriminatory reasons. In Neal v. Craig Brown Inc, the court ruled that a sublease with a reversionary interest does not grant the sublessee rights like renewal, which are reserved for the original lessee. In Berg v. Wiley, the court held that if a tenant violates the lease, the landlord must use judicial remedies to reclaim the property.

Question 16

Tenancy in Common

Answer 16

A tenancy in common is a form of co-ownership where two or more persons hold a seperate and undivided interest in the same property. In Esteves v. Esteves, the court held each tenant has the right to possess the whole property as just the tenants shares are divided. There is no right of survivorship in a tenancy in common, according to Spiller. Each tenant in common can sell, transfer, or mortgage their interest in the property without the consent of the others.

Question 17

Joint Tenancy

Answer 17

Joint tenancy involves two or more people holding property with right of survivorship, which according to Harms v. Sprague means that the deceased tenant’s interest automatically pass to the surviving tenants. Joint tenancy requires four unities: time, title, interest, and possession. Joint tenancy can be severed by sale, mortgage, or partition. For sale, the joint tenant can sell or transfer their interest without the consent of the others. Partition can be done by kind or by sale. In Ark Land Co. the court ruled that economic value is not a deciding factor for determing what partition to use. For mortgages, the jurisdiction either uses lien theory (which does not sever the joint tenancy) or title theory (which severs the joint tenancy as to the mortgaged share.)

Question 18

Tenancy by the entirety

Answer 18

Tenancy by the entirety is joint tenancy betweeen married people. Each spouse has the right of suvivorship in the property which cannot be defeated through one spouse’s unitlateral conveyance of her share to a third party. In Sawada the court held that creditors cannot attach interest held in tenancy by the entirety of only one spouse.

Question 19

Servitudes

Answer 19

Servtiudes refer to non-possessory interests in land. Common servitudes include easements, license, profits, covenants, and equitable servitudes.

Question 20

Easements

Answer 20

an easement is a non-possessery interest granting the hold the right to use another’s land. The servient owner cannot unilaterally relocate or terminate an express easment as stated in AKG Real Estate. Affirmative easements can be created by express grant, necessity, precription, or implication. In Houston Bellaire, the court ruled that an easement by implication requires unity of ownership, apparent use, and necessity. In Fike, the court found an easement by necessity for landlocked property, but in Schwab, it ruled no easement by necessity if public road access is conveyed. An easment by necessity is limited to reasonable use as noted in Strollo. To establish a prescriptive easement it must meet the elements of adverse possession, as per Mcdonald.

Question 21

License

Answer 21

A license is a revocable privilege to enter another’s land for a specific purpose. However, estoppel can prevent revocation if the licensee has made substantial investments in reliance on the license’s continuation, according to Holbrook.

Question 22

Profit

Answer 22

A profit entitles its holder to enter the servient tenement and take from it the soil or other resources.

Question 23

The real Covenant

Answer 23

A covenant is a promise related to land, either to do (affirmative) or refrain from doing (negative/restricitive) something. Real covenant are promises that run with the land, binding successors. To run with the land the burden must meet three requirments: intent to bind successors, the promise must touch and concern the land, and there must be both horizontal privity (original parties in succession of estate) and vertical privity (a non-hostile relationship between the original party and the successor). The benefit also requires those elements, but only vertical privity is needed. In El Paso Refinery, the court ruled that a covenant not to seek environmental cleanup contributions did not bind future owners because it did not touch and concern the land.

Question 24

Equitable Servitude

Answer 24

An equitable servitude is a promise enforceable against successors, typically through injunctions. To create one, there must be notice, intent to bind successors, and the promise must pertain to the land. A defense is the changed conditions doctrine, where party can be released if they prove that changes in the are have irrevocably altered its character.

Question 25

Three Types of Notice

Answer 25

Jurisdictions follow one of three notice jurisdiction types: race notice jurisdiction (which prioritizes the first to record without notice of prior claims), notice jurisdiction (which gives priority to a purchaser who acquires property without notice of prior claims), or race jurisdiction (which prioritizes the first to record). There are three types of notice in a recording scenario: (1) actual notice (knowledge of facts), (2) record notice (obtained by dilligent record search), and (3) inquiry notice (knowledege of facts that would prompt further investigation). In Harper v. Paradise, the court ruled that a person who records a deed without knowledge of prior unrecorded conveyances has priority. In In Re Clare Bungalow Homes, the court held that residents’ rights to occupy property take priority over creditors’ rights in bankruptcy if crediotrs had inquiry notice of the reseidents’ occupancy, even if the leases weren’t recorded.

Question 26

Deeds

Answer 26

A deed is a written instrument used to transfer real property. Types of deeds include: general warranty (guarantees clear title and defense against future claims), a special warranty (covers title issues only during the grantor’s ownership) and a quitclaim deed (transfers whatever interest the grantor has, with no guarantee). To be valid a deed must satisfiy the Statute of Frauds: (1) be in writing, (2) signed by the grantor, (3) identify the parties, (4) contain words of conveyance, and (5) describe the property (Hickey v. Green). It must also show intent to transfer immediately (Rosengrant v. Rosengrant). There are two exceptions to SOF: part performance and estoppel. The three conditions of part performance are: (1) delivery and actual possession, (2) payment of tender and consideration, or (3) making a substantial imporvement to property. For estoppel the buyer must have reasonably and detrimentally relied on the oral agreement.

Question 27

Seller’s duty to disclose

Answer 27

A seller’s duty to disclose requires the seller to inform the buyer of any material defects or conditions that affect the property’s value or use and are not readily apparent. A seller can not misrepresent known defects. Failure to disclose such defects may result in liability for fraud or breach of contract (Johnson v. Davis).

Question 28

Nuisance

Answer 28

In a nuisance action, the plaintiff must prove the defendant’s actions unreasonbly interfere with their property enjoyment. The court considers: (1) the severity of the interference, (2) the reasonableness of the defendant’s actions, (3) the doctrine of “coming the nuisance” (whether the plaintiff moved near an exisiting nuisane), and (4) the balance of public and private interests. Remedies include injunctions, damages, or both. In Spur Indurstries, the court required the nuisance-causing party to cease its actions but allowed for compensations. In Estancias Dallas Corp., an injunction is appropriate if it prevents more harm than it causes. In Boomer, permanent damages, rather than an injunction, were perferred when the economic benefit of the defendant’s actions outweighed the harm.

Question 29

Zoning

Answer 29

A nonconforming use refers to a property use that was legal before a zoning ordinance was enacted but no loner complies with current regulations. Nonconforming use status requires that the use existed at the time of the zoning change and has been maintained continuously. These uses are generally allowed to continue but may face restrtictions, such as limitations on expansion. Zoning laws can enfore amortization (gradual phase out) or require variances (exceptions) for noncomforming use. Courts often balance the rights of property owners against the municipality’s interests. In Village of Euclid, the court upheld zoning as a valid exercise of police power. A zoning ordinance is unconstitutional only if aribitrary or unrelated to public welfare. In AVR Inc, the court considered factors like the nature of the use and public benefit when evaluation amortization.

Question 30

Takings

Answer 30

Under the Takings Clause of the 5th amendment the government can take private property with just compensation. Courts evaluate a potential taking by considering the economic impact, interference with reasonable investment-backed expectations, and the character of government action. (Penn Central Transportation Co.) Public use includes infrastructure, schools, and utilites. In Kelo, the court upheld eminent domain for economic development. Just compensation is typically fair market value and temporary takings entitle the owner to compensation for the duration. Property owners can challenge takins if public use is invalid or compensation is inadequate.