The Concept of Property
Case which embodies legal positivism, finding that “[c]onquest gives a title which the Courts of the conqueror cannot deny[.]”
What is Johnson v. M’Intosh?
100 Bonus points: Provide the correct Bluebook citation for this quote.
Most states provide enhanced protection for the adverse possessor whose claim is based on this.
What is color of title?
This standard applies to persons who borrow their neighbor's lawnmower to cut their overgrown grass.
What is extraodinary care?
This future interest remains in a grantor who conveys less than their full estate.
What is a reversion?
In this type of concurrent estate, a deceased cotenant's interest dissolves and passes automatically to the survivor.
What is a joint tenancy (with right of survivorship)?
It is fair to assume that the owner of land in an agricultural society knows best how to use it productively for the benefit of all, without any need for governmental interference.
What is utilitarianism?
Death ends me, and I cannot be tacked. I may lengthen but I may not shorten.
What is a disability?
A finder of a lost item has this against everyone but a prior possessor.
What is "better possessory rights"?
This doctrine voids an absolute restraint on selling a fee simple estate.
What is the rule against restraints on alienation?
What is an ouster?
This case most directly reflects labor theory because the celebrity’s fame arose through their own efforts.
What is White v. Samsung Electronics America?
Under this view, adverse possession reallocates title from the idle owner to the industrious squatter, thus promoting the productive use of land.
What is encouraging development?
People will seek to exploit to their advantage a situation where they receive all the benefits, but share in the negative effects.
What is the Tragedy of the Commons?
This common law doctrine converts a remainder in a life tenant's heirs into a remainder in the life tenant.
What is the Rule in Shelley's Case?
At common law, a joint tenancy is only created when these four unite.
What is time, title, interest, and possession?
A stick in the bundle, embodied in modern preservation ordinances, and rejected by many courts, particularly in the testamentary context.
What is the right to destroy?
The nature and frequency of the activities are sufficient to put the owners on notice that their title is being challenged.
What is open and notorious (possession)?
What is:
1. Mislaid property
2. Lost property
This future interest is retained by the transferor after conveying fee simple subject to condition subsequent?
What is Right of (Re)Entry?
Per tout et non per my - neither spouse may individually convey his or her undivided interest to a third party.
What is tenancy by the entirety?
Jim owns a ranch on which he raises a large herd of sheep. Jim’s dairy farmer neighbor, Logan's, farm includes large areas of natural grassland. Logan caught several of Jim’s sheep while they grazed in his meadows and placed them in his barn, now refusing to return them. Of the two, he has better right to the sheep.
Who is Jim (because sheep are domesticated animals)?
What is a good faith improver?
Josh noticed that a valuable Waterford vase he had brought back from Ireland was missing from his home in a beautiful, gated community. Lily, a family friend, had stolen the vase, then sold it to Sophia for $2,000. Sophia took the vase to a local jeweler, Ryan, to have it appraised. Unfortunately, one of Ryan's salespersons mistakenly sold the vase to Ella, a customer and colleague of Josh's. Last week, Josh went to a housewarming at Ella's and discovered his vase sitting on her mantle!
Of these players, they have better right to the vase.
Who is Josh?
Oren holds a fee simple absolute. Oren conveys "to City, its successors and assigns, provided that if the land is not used as a park, then to Karl and his heirs.” This jurisdiction applies the common law Rule Against Perpetuities. _______ has _________.
What is:
1. City
2. a fee simple absolute
Initially held by four joint tenants (A, B, C, and D), divide the proceeds from a partition sale of property, if A sold her interest to E, and B died, devising her property equally to F and G.
What is:
C and D each get 3/8 and E gets 1/4?