Real Property

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Property: The legal relationship b/w a person and a thing
Speculation: The purchase of a good w/ the hope that it will appreciate in value
Title III-B of Economic Oppurtunity Act: Government aid set up to aid migrant workers in order to improve their living conditions
Economic Theory of Property: property serves some economic efficency
Occupation Theory of Property: Property belongs to whoever seizes it first
Natural Rights Theory of Property: Property is a natural right
Labor Theory of Property: Property is derived from creation
Legal Theory of Property: Whatever is deemed to be property by law
Social Utility Theory of Property: Property adds to the social welfare of progress
Elements of Property: 1)Universality
2)Exclusivity
3)Transferability
Section 1982: All citizens of the US shall have the same right, in every state and territory, as enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property
Immovables: Real property
Movables: Chattel, personal property
Real Actions: Those actions in which the thing itself can be recovered
Personal Actions: Damages are collected
Feeholds: interests that indure for the life of the holder or longer
Non-freeholds: Those that endure at the will of the parties (lease)
Choses-in-possession: rights in tangilbe things over which possession can be taken
Choses-in-action: essentially intangible and can only be claimed by action
Fixture: personal property becomes real property through associaiton
Fee Simple Absolute: an estate of indefinite or potentially infinite duration
Interlocutory Order: interim order that takes place before a case is decided
Conversion: A tort that protects against interference w/ ownership interests
Elements of Conversion: to establish conversion, P must prove an actual interference w/ their ownership or right of possession...where P has neither title to the property alleged to have been converted nor possession thereof, they cannot maintain an action for conversion
Property over excised cells: A person does not retain sufficient interest in excised cells to support a cause of action to conversion
accretion: the gradual accumulation of land by natural means
avulsion: The sudden change in territory by natural means where the land that is moved does not become the property of the other
replevin: action to regain property that was unlawfully taken
Goddard holding: natural objects become part of the soil and therefore belong to the property owner
Requirments for obtaiing possession: 1) actually taking the property
2)w/ the intent to reduce it to possession
Reducing property to possession: you have to take some action to exclude others from reducing it to possession
General rights of Finders: the finder of a lost object receives a right to the property against all others except the true owner
Lost Objects: A lost object in public property is the property of the finder if the true owner is not around and the owner of the premises does not exercise possession in anyway
Possessory Interest: has the property or occupies it
Non-possessory interest: doesn't hold the property at the time
Volitional acquisition: Owner acquires the property
Non-volitional acquisition: state creates an interest where none existed before
Locus in quo: The place where something occurs
Employees finding property: A finder of a lost object does not have a right to the object found on private land when the land owner is attempting to exercise control
feehold state: an estate in land held in fee simple, in fee tail, or for the term of life
mislaid object: placed w/ the intention of coming back and getting it
Rights to mislaid objects: The finder of mislaid objects rather than lost objects is not entitled to the object over the land owner
Intentionally embedded objects: Property which is found embedded in the soil under circumstances repelling the idea that it has been lost is held to have characteristics of mislaid property.
Bailment: a relationship b/w an owner of an object and one who legally possesses it w/ an obligation to safeguard the property
Traditional View of Bona Fide Purchaser (bfp): No one can convey a better title than they themselves possess
Modern View of Bona Fide Purchaser: You can be bfp if you reasonably believed the seller is authorized to sell
Elements of bailments: 1) possession
2) Control
3) Circumstances that give rise to a duty to safeguard the property
Duty to safeguard: All about the expectations of bailee
Reasonable belief of BFP: You can't be a bfp if you do not have a reasonable belief that you were purchasing something legitamately
Statutes in regards to BFP: States can create statutes to suppliment the common law rules about bfps
Unauthorized Possession: When someone comes into possession of an object and they are deemed the owner
When the Owner is unknown in unauthrozied possession: When the owner is unknown, we are going to give the property to the original possessor
When the true owner is known in unauthorized possession: When the owner is known, we will leave the property w/ the most recent possessor
Unauthorized Possession of Personal Propery and Satutes of limitations: If there was an adverse possession satisfied (the statute of limitations had run)on personal property, then the possessor has title
Reclaiming of Unauthorized Possession: Once someone has a title to personal property from adverse possession, self-help by the original owner will not negate that title
Passing of an Adverse Title: A title gained by adverse possession can be passed to a buyer
Discovery Rule: In appropriate causes of actions (adverse possessions of personal property), the action will not begin until the injured party discovers or should have discovered the facts by using reasonable diligence
Mistaken Improver: When a person aquires possession of property, increases its value and b/c of that is entitled to some of the value of the improvement or the property itself
Traditional Rule of Gifts: Gift-giver had to physically transfer over what was being given
Modern Rule of Gifts: Any acts or conduct that show an intention to transfer are going to be sufficient to determine transfers
Subtaintial increase in value: If the value of the property is subtantially increased by the conversion, P is allowed to keep it as long as they pay P for the orignial value
No substaintial increase in value: If there is no great disparity in value b/w the original property and its converted form, the converter is not entitled to compensation, especially if the property is in the hands of the original owner
Building Houses: When D in good faith mistakenly builds on the land of another they are entitled to either the value of the home or to the property if they pay the value of the land
Inter vivos gift: a gift made during the donor's life time and delivered w/ an intention of irrevocably surrendering control over the property
Inter vivos gift and transfer: An inter vivos gift does not require a transfer of possession, as long as there is a statement of intent
elements of gift causa mortis: 1) must be made in view of the donor's impending death, 2)the owner must die of the peril, 3)there must be delivery of the thing given, 4) intent, and 5) acceptance of the thing given
Engagement Gifts: giving an engagement gift has an implied condition that the marriage must occur in order to vest title
Restatment (Gifts in Anticipation of Marriage: Gifts made in the hope that a marriage will result are not recoverable. Gifts made in the anticipation of marriage are not ordinarily expressed to be conditional, and if the marriage fails w/o fault of teh donee, the gift cannot be recovered
Freehold estate: Not subject to anyone other than the holder for the time that the holder has it
Fee Simple Absolute Estate: The closest thing to true ownership: G to A
Intestate succession: When an estate is left w/o a will, society will determine who gets a share
Life Estate: The property only goes to a person for their life, then to someone else: G to A for life, reversion in G
Estate Autre Vie: A life estate for which the measuring life is someone other than the tenant
Heirs: those who take property under the relevant statutes of decent, not those who take property under a will
Traditional Rule of fee simple absolute: Fee simple has to be conveyed using exact language, particularly if there is a statute
Mordern Rule of fee simple absolute: The lower requirment of intent is sufficient to make a fee simple grant
Fee Simple Determinable: G to A on the condition that nobody smokes on the land; reversion in G
A gets the land until the condition is met, then it automatically reverts to G
Fee Simple Subject to condition Subsequent: Fee Simple Subject to Condition Subsequent-G to A on condition that nobody smokes on the land; and if anybody does, then G may re-enter an terminate the estate
Once A meets the condition, G must go in and terminate the estate otherwise, A retains ownership
Fee Tail: Estate only inheritable by lineal blood descendents
G to A and the heirs of their body. Reversion in G
FSSCS and statute of limitation: a statute of limitation may limit the amount of time someone has for the right of re-entry
FFSCS and Time for meeting conditions: When there is a condition in a FSSCS, it doesn't matter how much time goes by which the condition has to be met.
Future Interests and Governmental rights: The future interest can be condemned by the city.
Destroying Fee Tails: If a party w/ a fee tail conveyed away the property, that essentially destroys the fee tail, then they get it conveyed back to them, they have a fee simple absolute.
Vested Remainders: a. G to A for life, then to B
b. Following a life estate, if it is specified that it will go to a specific person, the specific person has a vested remainder
Vested Remainders Subject to Open: i. G to A for life, and then to A's children.
ii. The vested remainder goes to someone's children who are born, but more could be born
Vested Remainders Subject to Total Divestment: i. G to A for life, remainder to B and his heirs; if B doesn't have children, to C
ii. When the grantor grants a life estate, and a remainder to someone w/ a condition
Divestment: Can be taken away
Contingent Remainder: i. G to A for Life, and then to B if B outlives A
ii. Creation of a life estate, but don't know if the next party will get the interest, we only know when the life estate ends
Doctrine of Destructability: i. G to A for Life, then to B if B becomes a cowboy. If A dies before B can take, contingent remainder is destroyed
1) Don't know if B will be something (B has a contingent remainder);
Rule in Shelley's Case: a. G to A for life, and then to A's heirs=fee simple absolute in A
b. It is a fee simple absolute b/c it would have gone to A's heirs anyway not back to G
Difference b/w vested remainders and contingent remainders: Vested remainders are distinguished from contingent remainders by a present capacity to take possession should the estate become vacant w/ the certainty that the vacancy will happen sometime.
Conveience of Contingent Remainders: The grantor can't convey the contingent interest away b/c there is a possibility that the springing executory interest could still happen.
Doctrine of Worthier Title: a. G to A for life, then to G's heirs=reversion in G
i. Not a contingent remainder, but a reversion
Statute of Uses: The person for whom the property was being held got title to the property
Shifting Executory Interest: interest will cut short a prior estate
Executory Interest: someone who doesn't have the property right away, but for whom it is being held for (G to A and his heirs, but if B becomes a fireman, to B an his heirs)
Braswell Rule of Worthier Title: Doctrine of Worthier title takes property that has been granted to grantors heirs and turns in into a reversion rather than a contingent remainder in the heirs.
The assumption is that it will pass as a reversion, but someone can come forward w/ a valid will and make a claim under a devise.
Restrictive covenants v. executory interests: Racial restrictive covenants do not qualify as executory interests.
Rule against perpetuties: No interest is good unless it vests not later than 21 years at some life in being at the creation of the interest.
concurrent ownership: When two or more persons simultaneously have rights in the possession of use of ownership
tenancy in common: i. Two or more parties own fractions of an undivided interest in a property
joint tenancy: Two or more parties own fractions of an undivided interest in a property w/ right of survivorship
tenancy by the entireties: Estate held by a married couple; the married unit holds the property not the individual
Homestead Rights: A possessory interest in land that is used as a home to protect the interest against creditors.
Community property: property acquired by the individuals during the marriage
separate property: property of the individual
Modern view of joint tenancy: traditionally, a conveyance to two or more persons was presumed to create a joint tenancy w/ the right of survivorship unless otherwise clearly stated, now the presumption is reversed.
general rule of reimbursment: The general rule of reimbursement or contribution: a cotenant who pays more than their share of a debt secured by a mortgage or other lien on the common property, or the interest of such debt, is entitled to reimbursement from their cotenants to the extent to which they paid their shares of indebtedness
Transfer b/w joint tenants: If one of three joint-tenants alienates his share, the two remaining tenants still hold their parts in joint-tenancy and survivorship' and if one of three joint-tenants release their share to one of the others, though the joint-tenancy is destroyed w/ regard to that part, the two remaining parts are still hid in jointure, for they still preserve their original unities.
Reformation of deeds: The grantor's intent should be considered when reforming the deed.
Condos: Idea that people can have individual titles to units, but they have common ownership of common elements
Time-share arrangements: Notion that for part of the year, the unit will be exclusively occupied by party A, another part of the year the unit will be exclusively occupied by party B.
Murder and joint tenancy: We don't have the unity that we need when there is a murder; the joint tenancy is converted to tenancy in common
attributes of a condo: Here, the subject matter of the real estate transaction-a condo-has no unique quality but is one of hundreds of identical units
Remedies for condo owners: You shouldn't have specific performance for either the vender or the vendee
liability for condos: Liability is limited to the common area
Condos and restrictions: The condo unit really is private property, and if you bought it you should be able to alienate it, but there should still be some restrictions, they just can't be unreasonable w/o offering the property owner some other alternatives.
non-freehold estates: Estate where individual does not have exclusive control
Federal Housing Act: Provide access to housing for any person regardless of handicap, race, religion, family status
Violations of statutes and leases: If a contract is made in violation of some statute, it is not enforceable.
Evalutaion of fair housing statute: The federal statute are going be evaluated under the ordinary reader standard in which the object and also intent will be analyzed.
American rule of holdover tenants: landlord has the duty to put the tenant in legal possession, leaving the tenant with the burden of evicting the prior tenant
English rule of holdover tenants: where the term is to commence in the future, there is an implied promise that the lessor will keep the premise open for the lessee
Difference b/w mutual misunderstaning and mutual mistake: Where there is a mutual misunderstanding, the contract is void b/c there has been no meeting of the minds. Mutual Mistake: exceptional circumstance in which the contract will void the contract
mutual misunderstanding: One party thought one way, the other party thought the other, there was no meeting of the minds.
Rule in Swift v. Tyson: J. Story thinks "laws of the federal states" only means state statutes and not common law.
USC 1652 (Rules of Decision: he laws of the several states, except wher the Constitution or treaties of the US or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the US, in cases where they apply.
Erie Doctrine: you should apply state substantive law to federal diversity cases, but federal procedural law
Outcome Determinative Test: In diversity cases, the outcome in federal court should not differ materially form the result that would have occurred had the case been tried in a state court.
Tenancy at will: landlord can evict the tenant at any point. Can be terminated by the tenant.
Tenancy at sufferance: when someone holds over after the end of the lease term
Tenancy for years: definite beginning and end date; no notice required for the termination of the lease
Periodic Tenancy: tenancy for a specific time by length (month to month; year to year)
Protective Tenancy: 40yrs following a conversion of a building for a senior tenant or a disabled tenant
Covenant of habitability: There is an implied covenant of habitability that goes along w/ a duty to pay rent.
mutually dependant covenant: one promise is dependant on the other
constructive eviction: the conditions are so bad (residential and commercial) that you had to move out
Implied duty's of continuous operations: There is no duty for continuous operations when there is a substantial minimum base rent and there is no express duty in the lease agreement even when there is a percentage of gross sales.
Anchor Tenant: Anchor tenant: very important to the mall; if they go out of business, people may not want to shop at the mall.
Trade Fixture: an article that is annexed from the purpose of aiding in the conduct by the tenant of a trade or business exercised on the demised premises for the purpose of profit
traditional rule of trade fixtures: Traditional rule: all personal property that becomes attached b/comes part of the real property
Modern Rule: Modern rule: trade fixtures that becomes attached can be removed as long as it does not cause material damage
Landlord duty to protect from criminal activity: no duty to protect (majority rule)
Exceptions to the general no duty to protect rule: (a) when a landlord has created or is responsible for a known defective condition that foreseeably enhances the risk of criminal attack. (usu. some physical defect of the property) (b) a landlord who undertakes to provide security will thereafter have a duty to act w/ reasonable care. (c) where a landlord has made no affirmative attempt to provide security, and is not responsible for a physical defect that enhances the risk of crime, there is no reasonable duty
waranty of habilitability and lease agreements: the warranty of habitability implied in residential lease agreements protects tenants against structural defects but not criminal attacks
termination of leases and trivial breaches: Landlords right to terminate the lease for breach does not extend to trivial breaches even if you have an express provision
eviction and retaliation: A landlord cannot evict a tenant for retaliation for reporting housing violations
damages and defaulting tenancy: Landlord has a duty to mitigate damages. The tenant remains liable for the difference b/w the agreed price and the fair rental value of the premises
Easement of Pertinance: connected to the land itself
Easement of Gross: personal to an individual
Profita prondra: right to remove land or products from someone else's land
license: privilege to use someone else's land, subject to owner's will
creation of an easement: Neither words of inheritance nor other words of art are essential to the valid reservation of an appurtenant easement of even unlimited duration.
common law rule of easements for third parties: you cannot create a permanent easement for a third party
modern rule of easements for third parties: one can grant a permanent easement to a third party
Creation of a fee simple in comparision w/ and easement: Conveyance of a parcel w/o limiting language is not an easement but a fee simple absolute
license and revocability: A license is revocable at the will of the possessor of the land.
license becoming irrevocable: a license may become irrevocable when a person expends money and labor in the use of the license and shall exists until it is no longer used.

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Number of cards 158