Vocabulary
What right does trespass protect?
What is the right to exclude
What does an ouster require?
What is affirmative action
Under Armory, the finder has more rights than every party but ___?
What is the true owner
Who are the dominant and servant estates?
What is the dominant estate is the party getting the benefit, and the servient estate is the party being burdened
What is horizontal privity?
What is privity between original covenanting parties
What is the meaning of quiet title?
What is an action that the plaintiff can bring to resolve ownership if they believe they are entitled to land
What are the four elements to create a joint tenancy?
What is (1) Time (2) Title (3) Interest (4) Possession
What is tacking?
What is including the time that the previous owners owned the piece of land to meet the statutory period for adverse possession
What is the difference between an easement appurtenant and an easement in gross?
What is an easement in appurtenant is attached to a specific piece of land, and an easement in gross is attached to a specific party
What are the requirements of a real covenant?
What is (1) In writing (2) Express intent to bind future owners (3) Touch and concern the land (4) Privity of estate (WITPRIV)
What are the two buckets in Locke's labor theory, and what do they mean?
What is
(1) The Commons: Natural state
(2) Individual property: When taken from the commons with your labor it becomes your property
What kind of ownership happens when one joint tenant transfers their ownership to another party?
What is tenants in common
What are the six elements of Adverse Possession?
What is (1) Actual possession (2) Open and notorious (3) Exclusive (4) Continuous (5) Adverse and hostile (6) Statutory period
What are three ways to terminate an easement?
What it agreement in writing, original terms, merger, abandonment, adverse possession, frustration of purpose
Under what circumstances can a covenant not be enforced?
What is when the covenant is unreasonable
When does one have possession of a wild animal?
What is when the animal is deprived of its liberty, captured or when one has control over it
What is the right of survivorship?
What is when a joint tenant dies their rights disappear, and their property interest automatically transfers to the surviving tenants
What is the difference between the discovery and the demand rule?
What is (1) the discovery claim starts when the party has discovered sufficient facts about the property and (2) the demand claim starts once you have demanded the possession back
How is an easement implied by prior use?
What is (1) Servient and dominant estates commonly owned, (2) Rights alleged were exercised before severance of estate, (3) The use was not merely temporary, (4) Continuation of use was (reasonably) necessary to enjoyment of land, (5) Contrary intention neither express nor implied
What are the two types of vertical privity, and what are they?
What is (1) strict vertical privity is for the transfer of ownership (all states recognize) and (2) relaxed vertical privity is for leasing (some states recognize)
What is nuisance, and what 5 factors do courts consider?
What is harm caused by interference with the use and enjoyment of land that is (1) substantial and (2) unreasonable
Factors courts consider in finding nuisance: the extent of the harm, the character of the harm, the economic and social value of the conflicting activities, the suitability of the activities for the location, the ability of either party to avoid the conflict and the practicability and fairness of making the party do so
Abby and Bob have a joint tenancy with the right of survivorship. Bob has a will that states, "My sister Cathy will get my share when I die." Bob dies. Who has a right to his share and why?
What is Abby because his right disappeared when he died and his interest went to the surviving tenant
For the last 10 years, Bob the farmer has knowingly used a corner of his neighbor Ashley's farmland in the summer without her permission. The crops he grows do not survive the winters. He even added a "Bob's farm" sign for all to see and to keep others out. Are the elements of adverse possession met?
What is (1) Actual possession is met, (2) Open and notorious is met because all can see, (3) Exclusive is met because he has a sign and excluded others, (4) Continuous is met because it is the seasonal use of the land, (5) Adverse and hostile is met because Bob knows it is Ashley's and is using it without permission, (6) Statutory period is likely met
Amber bought a house in 2015. Every morning since moving in, she used a path across her neighbor Bill's backyard to reach the woods to feed the deer. Now, in 2026, Bill objects to her use of the path because the deer wander into his backyard. What can Amber do?
What is Amber could claim an easement by prescription because she openly used the path without Bob's permission for 11 years
Two neighbors agree to take turns every week babysitting the other neighbor's kids, and the agreement states that the promise will bind all future owners of the land. Why does/doesn't this promise bind future owners?
What is the promise does not bind future owners because it does not touch and concern the land