Property Rules Flashcards
1
Q
Who owns property? 5 policy theories.
A
(1) First Possession
(2) Labor theory
(3) Utilitarian theory
(4) Civil Republican theory
(5) Personhood theory
2
Q
What is principal of first possession?
A
First person to possess a property owns the property
3
Q
Can trespassers hold first possession of animal over your land?
A
No, they give you constructive possession
4
Q
Tresspass must be:
A
Voluntary
5
Q
Holding example for first possession
A
‘Post’ Holding
6
Q
What is Locke’s labor theory of property?
A
Whoever’s labor created a property owns the property
7
Q
Name a holding that exemplifies labor theory of property
A
Dissent from post
8
Q
Utilitarian theory of property
A
Greatest good for the greatest number of people
9
Q
Name a case where utilitarian theory comes into play
A
Any if you are creative enough tbqh, but also;
Eyerman Holding, with the historical house they prevented being destroyed
10
Q
Civil Republican Theory
A
The owning of property in necccesary for a functioning democracy
11
Q
Example of case with civil republican theory
A
Don’t know yet, ask in office hours.
12
Q
Hegel Personhood theory
A
Certain property is neccesary for development of the self
13
Q
Case example of personhood theory
A
Don’t know yet, ask in office hours
14
Q
Rights in the “bundle of sticks”
A
(1) Right to transfer
(2) Right to exclude
(3) Right to use
(4) Right to destroy
15
Q
Adverse possession elements
A
(1) Actual
(2) Exclusive
(3) Open and Known
(4) Adverse and Hostile
(5) Continuous
16
Q
Verticleness; English common law, What is the historic common law rule?
A
“Owners property rights extend from the center of the earth to the heavens.”
17
Q
Verticleness; 3 Zones approach, What case explains this one?
A
Causby
18
Q
Causby Facts
A
(1) Causby had a farm next to a military airport
(2) The airport had to fly through his property boundaries at ~ 83 feet
(3) Flight noise killed his chickens and disturbed him
19
Q
Verticleness; 3 Zones approach, explain it
A
There are 3 zones of airspace
(High) Public Highway
(Mid) A taking if intrusion is:
(1) Immediate
(2) Direct
(3) Subtracts from the owners enjoyment
and;
(4) Limits owners exploitation
(Low) Obviously a taking
Finally (5) It is not obvious where each zone starts and ends.
20
Q
Subsurface Ownership; BP chemicals test
A
Property owner owns what is beneath them where they might
(1) reasonably
and;
(2) foreseeably use it
21
Q
BP chemicals facts
A
(1) BP was shoving chemicals into the ground
(2) BP’s chemicals were probably seeping into the other guy’s subsurface
(3) Even so, it was not a trespass because they weren’t going to use the land as deep as the chemicals maybe, probably were.
22
Q
Water Law; Surface water, what are the 3 Surface water approaches?
A
(1) Riprarian System
(2) Prior Appropriation
(3) Permit System
23
Q
Water Law; Surface water, What is a Riparian system?
A
If;
(1) your property adjoins a water source
then;
(2) you get reasonable use
24
Q
Water Law; Surface water, What is the prior appropriation system?
A
(1) The first person
(2) to divert the water for
(3) beneficial use
(4) gets water rights
Note: Not exactly sure what this looks like in practice
25
Water Law; Surface water, What is a permit system?
(1) The government regulates water use.
(2)People gotta apply for a permit to use the water
26
Water law; ground water, What is the reasonable use system?
Surface owner of a property can use ground water for a reasonable use
27
Water law; ground water, What is the Correlatve rights system?
Property owners get a proportional share of the ground water
Note: not exactly sure what this looks like in practice - is it proportional to the amount of surface you own??
28
Water law; ground water, What is a permit system?
Government regulates water use, people gotta apply for a permit to use the water
29
Estates; definitons, What is an estate?
To hold an estate is to hold *current* property rights in a piece of land
30
Estates; definitons, What is a Future Interest?
To hold a future interest is to hold *future* property rights in a piece of land
31
Estates; definitons, What is a Grantor?
An:
(1) alive person that
(2)conveys/grants land to
(3)a Grantee
32
Estates; definitons, What is a Grantee?
One who gets land
(1) conveyed or granted to them
(2) by an alive person called
(3) a grantor
33
Estates; definitons, What is a Testator/Testatrix?
A:
(1) Dead person
(2) With a will who
(3) Devises land to
(4) a Devisee
34
Estates; definitions, What is a Devisee?
One who gets land
(1) Devised to them
(2) From a dead person
(3) with a will called
(4) a testator/testatrix
35
Estates; definitons, What does it mean to descend land?
When:
(1) A dead person
(2) Gives land to
(3) their Heir
(4) By Intestate succession
36
Estates; definitons, What is Intestate succession?
When someone
(1) Without a will
(2) Dies and
(3) Descends property
(4) according to state statutes
37
Estates; definitons, What are Words of purchase
Word which designate who gets the estate
38
Estates; definitons, What are words of limitation
Words that designate the type of estate
39
Estates; definitons, What does it mean for a property interests to be alienable, devisable, and/or inheritable
(1) Alienable: Giftable or sellable
(2) Devisable: to give through a will
(3) Inheretable: To give through Intestate succession
40
Estates; Types, What are the 6 major types of estates?
41
Estates; language, What words create a Fee Simple?
(1) Any, since it is the presumptive estate given
or;
(2) "to Q and their heirs"
42
Estates; Presumptions/rules of interpretation; Waste, When is the Doctrine of Waste used?
(1) Where there is a land dispute and;
(2) That dispute is between a person in possession of land and another holding a future interest
Ex: Lessor/Lessee and Life tenant/Remainderman
43
Estates; language, What words create a Life Estate
(1) For Life
or;
(2) For as long as Q lives
or;
(3) While Q is Alive
44
Estates; language, What words create a Fee Tail?
(1) "to Q and the heirs of his body"
45
Estates; language, To create a Fee Simple Determinable, who must hold the future interest, and what language are used?
(1) The transferor must hold the future interest,
and there must be words *of duration* such as:
(2) So long as
(3) While
(4) During
or;
(5) Until
46
Estates; language, To create a Fee simple subject to a condition subsequent, who must hold the future interest and what words are used?
(1)The transferor must hold the future interest and,
words *of condition* such as:
(2) Provided that
(3) but if
or;
(4) on condition
Will create a FSSCS
47
Estates; language, To create a Fee simple subject to an executory limitation, who hold the future interest and what words are used?
(1) A transferee((2) Third Party) must hold the future interest and either,
(3) Words of duration, as in an FSD
or;
(4) Words of condition, as in a FSSCS
Will create a FSSEL
48
What is a reversion?
A right to future interest in the transforer
49
What creates a 'possibility of reverter'. What rights does a transferor have with one of these?
When a transforer conveys a fee simple determinable. The transforer gains their estate automatically when the FSD ends.
50
What is a right of entry? What rights does a transforer have with one of these?
A future interest retained by a transferer when they
(1) hold a fee simple absolute
and
(2) convey a fee simple subject to a condition subsequent
(3) which becomes possessory only on 'affirmative steps' taken to regain possession.
51
What is a remainder?
Remainder is a future interest in a transferee
(1) instantly possessory when the prior estate expires
and;
(2) does not divest any interest in a prior transferee
52
What are the four kinds of remainders?
(1) Indefeasibly vested remainders
(2) Vested remainder subject to divestment
(3) Vested remainder subject to open
(4) Contingent remainder
53
What is an vested remaider
A remainder created in
(1) an 'ascertainable' person
(2) that is not subject to a condition precedent other than 'natural termination of the prior estate'
54
What is a vested remainder subject to divestment
Remainder that is vested but is subject to a condition subsequent
55
What is a contingent remainder?
A non-vested remainder
56
What is a vested remainder subject to open?
a vested remainder held by one or more living members of a group or class that can be enlarged
57
Overhead view of the rule against perpetuities
(1)A contingent future interest is VOID
(2) when created IF too much time MIGHT pass
(3) before the uncertainty ends.
58
How do you actually tell if rule against perpetuities voids a contingent future interest?
(1) Everyone gets a kid exactly 9 months later from its creation.
(2) A lion eats everyone but the new kids in a tragic safari accident
(3) wait 21 years
then;
(4) ask if the interest MUST have vested OR failed.
If there is 'any' chance it hasn't
(5) it is void
59
What are the three types of cocurrent ownership?
(1) Tenancy in common
(2) Joint tenancy
(3) Tenancy by entirety
60
Wide view: What's a tenancy in common?
50/50 ownership of property
61
Wide view: What's a joint tenancy?
Each person has their own full tenancy
62
Wide view: What's a tenancy in entirety
The group agent has one tenancy
63
Tenancy in common
Alienable?
Devisable?
Descebdible?
Right of survivorship?
Extra info?
Yes, Yes, Yes, and no
64
Tenancy in entirety
Alienable?
Devisable?
Descebdible?
Right of survivorship?
Extra info?
No, No, No and yes
Nor can debtors get at it
65
Wide view: separate property system?
(1) property is owned by person who acquires it during marriage
(2)There is an equitable distribution at divorce
(3)and an elective share at death
66
Wide view: community property system?
(1) Equal share in property bought during marriage
(2) At divorce equal shares or equitable distribution
(3) Equal shares at death
67
4 facts from Gazvoda v Wright
68
Holding Gazvoda v. Wright
69
What is the difference between leases before the 60's and leases now, generally?
(1) Before the 60's leases were estates governed by exclusively property law.
(2) Now we generally see them as governed by contract and property law to give more rights to tenants
70
Which acts disallow discrimination by protected classes?
(1) Civil Rights Act of 1866
(2) Civil Rights Act of 1964 (public
accommodations)
(3) Fair Housing Act of 1968
71
What categories are protected, in respect to 'all property' by federal discrimination statutes?
(1) Race
72
What categories are protected, in respect to 'dwellings' by federal discrimination statutes?
(1) Race
(2) Color
(3) Religion
(4) Sex
(5) Familial Status
(6) National Origin
(7) Handicap
73
What are the four traditional Non-Freehold Estates?
(1) Term-of-year tenancy
(2) Periodic Tenancy
(3) Tenancy at Will
(4) Tenancy at sufferance
74
What is a term of years tenancy?
tenancy for
(1) fixed duration
(2) that is agreed to in advance.
75
What is a periodic tenancy?
tenancy for
(1) set period that is
(2) automatically renewed for successive periods
unless;
(3) one party ends it by giving
notice.
76
What is a Tenancy at will?
A tenancy that
(1) lasts as long as 'both' parties desire.
77
What is a Tenancy at
sufferance?
tenancy created
(1) when a person who rightfully took possession
(2) continues in possession after
that right ends.
78
What two things must a landlord deliver at the beggining of the lease term; Majority View?
(1) Legal right to possession
(2) Physical possesion
79
What is the doctrine of constructive evasion?
When
(1) A landlord engages in
(2) Wrongful conduct
(3) That substantially interferes with a tenants use and enjoyment of premises
(4) a tenant may leave and terminate the lease.
80
What is a warranty of habitability?
(1) An implied warranty
(2) that a landlord keeps the premises in a habitable condition
81
What is an assignment?
What is a sublease?
82
When will a tenant require land lord's consent to transfer a lease term?
83
What rights does a landlord have when a leasee abandons property?
They may
(1) terminate the lease
(2) or attempt to mitigate their damages.
84
List two defenses from being evicted listed in the summary
(1) Most states protect tenants from retaliatory eviction
(2) A few states allow eviction only for good cause
85
How may landlords evict tenants?
(1) Majority View: Judicial Process is required
(2) Minority View: Possession can be retaken by self-help
86
What are the three steps to selling real property?
(1) Purchase Contract
(2) Executory period
(3) Closing/Deed
87
What is the statute of frauds?
Requires a contract for sale of land
(1) must be in writing
(2) contains the essential terms
(3) Signed by the party to be bound
88
When may an oral contract for the sale of land be enforcable?
(1) Part performance
or
(2) Estoppel
89
What is a covenant?
A contract, essentially
90
What kind of title is implied in a sale for land?
Every purchase contract for sale of land contains
(1) an implied covenant that the seller can deliver marketable title at closing
unless;
(2) the parties agree to a different standard
91
What standards make a title marketable?
Marketable title is a title free from doubt
92
What are the basic rules for encumberances and marketable title?
Generally,
(1) Private encumberances make title unmarketable
(2) But government restrictions do not
93
What is Equitable conversion?
(1) Traditionally, the risk of loss during the executory period went to the buyer
However;
(2) The new trend is to assign the risk to the party entitled to possession
94
What duty is there to disclose defects in property?
(1) Most Jurisdictions require the seller of a
(2) Single family home
(3) is obligated to disclose known defects
(4) that materially affect the value of the property
(5) not known to or readily discoverable by the buyer
95
What is the minority view for disclosure of off site conditions?
Some states do extend the disclosure duty to off-site conditions
96
When are deeds effective?
(1) Only when delivered
and when
(2) the grantor has a manifestation of intent to immediately convey and interest in the property
97
What are the three types of deeds?
(1) General Warranty Deeds
(2) Special Warranty Deed
(3) Quitclaim Deeds
98
What is the general warranty that comes with a general warranty deed?
(1) The grantor will be liable for title defects
(2) before and during grantor's ownership
99
What type of warranty is associated with a special warranty deed?
(1) The grantor will be liable for title defects
(2) during the grantors ownership
100
What type of warranty is given with a quitclaim deed?
Quitclaim deeds provide no warranties
101
Deed Warranties p.599
102
Recording System p 599
103
What are the three types of recording acts?
(1) Race
(2) Notice
(3) Race-Notice
104
What is a race jurisdiction?
First to record gets priority
105
What is a race-notice jurisdiction?
Subsequent, bona-fide purchaser who records first gains priority
106
What is a notice jurisdiction?
Subsequent bona-fide purchaser gains priority
107
Chain of title problems p.599
108
