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Property > Real Property > Flashcards

Real Property Flashcards

1
Q

Real Property

A

Rights in land and things attached to land

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2
Q

Adverse Possession

A

Process whereby someone can sit down on land another legally owns and stay long enough to legally own it

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3
Q

Adverse Possession Elements

A
  1. Real possession
  2. Exclusive possession
  3. Open and notorious possession
  4. Adverse and hostile possession
  5. Continuous possession
  6. For the statutory period
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4
Q

What kind of interest does prevailing adverse possessor get?

A

Only whatever interest true owner had

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5
Q

Real possession

A

Claimant must physically use the land the way a reasonable owner would in the circumstances (depends upon the nature and location of the property)

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6
Q

Exclusive possession

A

Only being used during this period by claimant, no others

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7
Q

Open and notorious possession

A
  • Must be obvious and visible to people, not hidden

- Standard = owner would be made aware of adverse claim if she made reasonable inspection

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8
Q

Adverse and hostile possession

A

Claimant’s state of mind toward property or actual owner

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9
Q

Minimum requirement for adverse and hostile possession

A

Does not have owner’s consent for possession (if does = fails this element)

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10
Q

Adverse and hostile possession - OBJECTIVE STANDARD

A

(1) Connecticut rule
(2) majority rule
(3) state of mind is irrelevant

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11
Q

Adverse and hostile possession - BAD FAITH STANDARD

A

(1) Maine rule
(2) claimant must intend to adversely possess the land = bad faith knowledge that she is not the owner and intent to take title from the owner

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12
Q

Adverse and hostile possession - GOOD FAITH STANDARD

A

(1) Colorado/Oregon/NY rule

(2) claimant believes in good faith that she is the owner of the land

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13
Q

Adverse and hostile possession standards

A
  1. Objective
  2. Bad faith
  3. Good faith
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14
Q

Continuous possession

A
  • Used as continuously as real owner would use

- Used in the nature that the property characteristics admit

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15
Q

Tacking

A

Allows adverse possessor of two or more successive periods to add total time possessed together

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16
Q

When is tacking allowed?

A

Only allowed if successive occupants are in privity

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17
Q

Privity

A

Judicial recognition of need for some reasonable connection between successive occupants

18
Q

Effect of LO disability (in adverse possession)

A

Extends statutory period because owner could not have reasonably inspected/policed land

19
Q

Limitations on disability (adverse possession)

A
  1. Disability must exist on date adverse possession began
  2. No tacking
  3. Death of property owner ends all disabilities
20
Q

Removal of disability - MAJORITY

A
  • Once disability is removed, owner has statutory time to vindicate her interests
  • Notice on [statutory limit] after removal
21
Q

Removal of disability - MINORITY

A
  • Day-for-day tolling
  • Once disability is removed, adverse possession period starts over
  • Notice on day disability is removed
22
Q

Common disability examples

A
  1. Imprisonment
  2. Minority
  3. Lack of mental capacity
23
Q

Other disability examples

A
  1. Military services overseas

2. Owner lives outside of state

24
Q

Adverse Possession Policy Justifications

A
  1. Preventing frivolous claims
  2. Correcting title defects and surveying errors
  3. Encouraging development of land
  4. Protecting an investment in personhood in the land
25
Q

Vertical Dimension of Ownership Rule - Traditionally

A

ad coelom et ad inferos = to the heavens and to the center of the earth

26
Q

Airspace Rule - Modern

A
  • LO owns at least as much space over the ground as he can occupy or use in connection with the land (flexible approach)
  • At certain height, air is public highway
27
Q

Subsurface rights - Modern

A

invasions of property cannot actually interfere with LO’s reasonable and foreseeable use of subsurface

28
Q

Lateral and adjacent support rights

A

Any digging or activity by neighbor cannot make property collapse because of lack of support

29
Q

Surface water right approaches

A
  1. Riparian system
  2. Prior appropriation system
  3. Permit system
30
Q

Riparian system

A
  1. Generally adopted by Eastern states
  2. Assigns water rights to each LO whose property adjoins a water course
  3. Everyone diminishes uses at same level during drought
  4. Reasonable use doctrine
31
Q

Reasonable use doctrine (riparian system)

A
  • Riparian owner can take water for reasonable use

- Can create irrigation channels

32
Q

Unity of title rule (riparian system)

A

MAJORITY
All of land that is
1. held by the same riparian owner and
2. contiguous with a tract along the waterway with same usage rights

33
Q

Source of title rule (riparian system)

A

MINORITY

  1. if a parcel is ever severed from contact with the tract of land touching the waterway, riparian rights are severed and cannot be restored
  2. land must touch water
34
Q

Prior appropriation rights (surface water rights)

A
  1. Western states mainly
  2. Water rights are allocated to the first person to divert the water for beneficial use
  3. Location of land is irrelevant
  4. Use stops = right ends
  5. Use based on priority during drought
35
Q

Permit system (surface water rights)

A

Many states require a permit for the division of surface water

36
Q

What is the benefit of the permit system?

A

Allows government to regulate

37
Q

groundwater rights approaches

A
  1. Reasonable use
  2. Correlative rights
  3. Permit system
  4. Rule of capture
38
Q

reasonable use (groundwater rights)

A

MAJORITY

Surface LO may use groundwater only for reasonable use on overlying land

39
Q

Correlative rights (groundwater rights)

A

Surface LO entitled to proportional share of groundwater beneath land

40
Q

Permit system (groundwater rights)

A

Surface LO obtains water rights by securing a state permit

41
Q

Rule of capture (groundwater rights)

A

TX ONLY

Surface LO can pump without limit, absent malice or willful waste

Property (3 decks)

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