Property
Under the Rule of Capture, when are property rights in wild animals established?
Constructive possession (or ratione soli).
The _____ provides that the offspring of domestic animals belongs to the owner of the mother.
Doctrine of Increase
What is the legal status of property once it has been 'abandoned'?
The property becomes unowned, and the first finder becomes the new true owner.
In recording statutes, what is the 'Shelter Rule'?
A person who takes from a Bona Fide Purchaser (BFP) protected by the act inherits the same protected status.
What does a 'Quitclaim Deed' convey to the grantee?
It conveys whatever interest the grantor has in the property, with no warranties of title.
What doctrine provides that a landowner possesses a resource on their land even without physical possession?
Constructive possession (or ratione soli).
What is the primary legal right of a finder of lost property against the rest of the world?
The finder has a possessory right enforceable against everyone except the rightful owner.
What event triggers the statute of limitations for an adverse possession claim?
The actual entry onto the land by the adverse possessor.
What is the 'Strict Necessity' requirement for an easement by necessity?
It requires that the necessity for the easement (e.g., landlocking) existed at the time of severance.
Define 'Marketable Title'.
A title free from reasonable doubt and significant encumbrances that a prudent buyer would accept at fair value.
If a wild animal escapes a person's possession, when does the person retain ownership?
Ownership is retained only if the animal is semi-domesticated and returns to the land to sleep.
Define 'Bailment' in property law.
The rightful possession of goods by a person who is not the owner.
In adverse possession, what is required for the 'Exclusive Possession' element?
The claimant's possession cannot be shared with the true owner or the general public.
Under the 'Changed Conditions Doctrine', when will a court refuse to enforce a restrictive covenant?
When radical changes in the area practically destroy the essential purpose of the restriction.
What is 'Privity of Estate'?
A legal relationship between parties who hold interests in the same property, allowing covenants to run with the land.
According to the Labor Theory, what happens when a person adds labor to another's object in good faith?
The labor and benefit go to the original owner unless the object is significantly transformed or increased in value.
What is the specific duty of care for a bailee under the ordinary negligence standard?
The bailee must exercise the same degree of care that an ordinary reasonable person would under the circumstances.
What is the 'Void Title' rule regarding a thief's ability to transfer property?
A thief has no title and therefore cannot transfer good title to anyone else, including a good-faith purchaser.
When is a co-tenant in sole possession liable to pay rent to other co-tenants?
Only when they have agreed to pay rent or have ousted the other co-tenants.
How can a joint tenancy be unilaterally severed into a tenancy in common?
By one joint tenant conveying their interest to a third party.
What is the entitlement of an original owner if their property is significantly transformed by another's labor in good faith?
The original owner is entitled to the price of the object before the transformation occurred.
Where does mislaid property stay when found by a third party?
It stays with the landowner of the premises where it was left to facilitate recovery by the true owner.
What are the three essential elements of a valid inter vivos gift?
Donative intent, delivery of the object, and acceptance by the donee.
What is the 'Implied Warranty of Habitability' in residential leases?
A non-waivable duty of the landlord to keep the property safe, clean, and fit for human habitation.
How does an 'Easement in Gross' differ from an 'Appurtenant Easement'?
An easement in gross benefits an individual personally and has no dominant estate.