Jeoperty

Public Trust Doctrine

100

Legal principle created by the Catholic Church to justify conquest of the New World. 

What is the Doctrine of Discovery? 

200

This doctrine says the US has rights over tribes derived from discovery doctrine of US land (common law). 

What is plenary power doctrine? 

300

This doctrine imposes limits on the government and provides public access to natural resources. 

What is the public trust doctrine?

400

The public owns the rights of these lands up to the high water mark. 

What are submerged lands and navigable waters? 

500

This is basic ownership where one party manages the property to benefit the beneficiary.

What is a trust?

Adverse Possession

100

This element of adverse possession means the adverse possessor would use the land as a normal owner would. 

What is actual? 

200

This subset of the continuous element allows an adverse possessor to add the time from the previous owner who met all the elements of adverse possession for the purposes of satisfying the statutory period. 

What is tacking?

300

This legal doctrine allows a possessor to gain rights to all the property if the possessor acted under a flawed or erroneous deed. 

What is color of title? 

400

This element of adverse possession is not necessary for prescriptive easement? 

What is exclusive? 

500

This adverse possession element puts the true owner on notice by making the use visible to others. 

What is open and notorious? 

Easements

100

This is permission by the owner to cross the owner's property that is always removable until it "ripens" into an easement. 

What is a license? 

200

This trust creates fiduciary relationships with respect to the whole parcel and is an exception to the Statute of Frauds. This trust is used when legal title to the land was obtained by fraud or circumstances making it unable for the holder to retain a beneficial interest in the property. 

What is a constructive trust?

300

This express easement benefits a parcel of land and the benefits run with the land.

What is appurtenant? 

400

The element of express easements means the servient estate owner actually knows about the easement, there are visible signs of use by non-owners that would make a reasonable buyer do further investigation, or the deed conveying the easement in the proper registry of deeds. 

What is notice to the servient estate owner? 

500

This element of easement by estoppel, like promissory estoppel in contracts, creates this kind of reliance that made the user substantially change position. 

What is reasonable reliance? 

Trespass and Nuisance

100

This doctrine enforces the right to exclude, and is defined as an unprivileged intentional intrusion upon another's property. Lack of knowledge is not a defense. 

What is trespass? 

200

This diffused water rule functions like the nuisance test by measuring unreasonable interference with another's property. 

What is reasonable use test? 

300

The threshold inquiry of the restatement nuisance test. 

What is substantial?

400

This prong of the restatement nuisance test balances the gravity of harm to the plaintiff against the utility of the defendant's conduct. 

What is unreasonable? 

500

This kind of nuisance is an unreasonable interference with a right common to the general public. 

What is a public nuisance? 

Shared Interests

100

This interest goes to their heir or devisee upon death (AKA no right of survivorship).

What is tenancy in common? 

200

This process allows parties to get out of co-ownership by selling the property and dividing the proceeds, only if the property is not able to be physically partitioned. 

What is partition by sale? 

300

This doctrine dictates that when it is impracticable for both parties to stay in the property, the spouse expelled from the house is owed half of the property's rental value. 

What is constructive ouster?

400

This kind of shared interest has the right of survivorship, where the surviving tenant gets the whole parcel. 

What is joint tenancy?

500

This doctrine allows a joint tenant to sever the relationship with other joint tenants, eliminating the right of survivorship and turning the relationship into a tenancy in common. 

What is severance?