Let'sgetSTARTED [Misc]
Do courts prefer partition in kind or by sale? Why?
In kind; want to protect property;
but can partition by sale when
Physical attributes make in-kind impracticable or inequitable OR
Interest of the owners would be better promoted by sale
A donor gives a written letter saying, “I give you my painting,” without handing over the painting itself. This is an example of this type of delivery.
True or False: Punitive damages can be awarded for an intentional trespass with no physical harm.
True; it interferes with the owner’s right to exclude [Jacque]
Possession Elements + Finders Keepers Rule!
Physical control over the goods and
An intent to assume dominion over them.
Finder>all else besides OG Owner
Fair Use Factors
[PENS]
The remedy where one co-tenant seeks reimbursement for necessary repairs?
Contribution (Benefits and Burdens in CL Concurrent Interests)
Believing he is about to undergo a dangerous surgery, Puck gives his sister the keys to his safe and says, “If I don’t make it, everything in here is yours.” This type of conditional gift is only valid if Puck dies from the anticipated peril.
BONUS: Can he be a jerk and Will it to someone else?
Causa Mortis; and YES!
The wrongful exercise of dominion over the personal property of another
What is mislaid? What do you do?
Property is considered “mislaid” when the owner intentionally places it somewhere but later forgets to retrieve it. Turned in to premises owner; The finder generally does not gain possession rights as against the premises owner.
Affirmative Defense for Copyright Infringement
Google (Used SNIPPETS/limited view for books; highly transformative so won fair use)
Harper (leaked copy of interview; Exclusive right to be first, the heart; highly damaged value so NO FAIR USE)
LL Delivery of Possession requirements to begin a term?
HINT: List American & English Rule
MAJ: American- LEGAL possession
MIN: LEGAL and ACTUAL possession (LL must kick out holdovers)
LL Self-Help?
1) Legally entitled to possession
2) Reentry is peaceable
Elements of Abandonment? + When can't you abandon?
1) Owner must intend to relinquish all interests in the property, with no intention that it be acquired by another particular person.
2) There must be a voluntary act by the owner to effectuate the intent
CANNOT ABANDON with FEE SIMPLE with PERFECT TITLE (Issues of clarity/public safety)
Adverse Possession Elements?
Actual Entry
Open and Notorious
Continuous for Stat. Per.
Adverse/Hostile/Aggressive
PRANKED; Right of Publicity Common Law Elements?
Definite use of plaintiff’s identity
The appropriation of plaintiff’s name or likeness to defendant’s advantage, commercial or otherwise (Vanna White; "Celebrity Value")
Lack of consent
Injury
A and B are tenants in common. A changes the locks and tells B they may not enter the home. This wrongful exclusion is known as this.
Ouster!
What is Community Property?
Marriage is viewed as an equal partnership, therefore: SPLIT DURING 50/50
Earnings of spouse owned equally as undivided shares during marriage
-Earnings include rents, profits, fruits of earnings, income from comm. property.
Separate property – acquired before marriage or during marriage by gift, devise, or descent
Intentional Trespass Elements? + Does trespass have reasonableness as a weight?
intentionally:
1) Enters land in possession of the other, or causes a thing or third person to do so, or
2) remains on the land, or
3) fails to remove from the land a thing which he is under a duty to remove.
+
NOOOOO nuisance is reasonableness!!
What are the 2 ways of extending statues of limitations on Adverse Possession? List and define them.
Tacking [privity]
Disabilities exception [infancy/minority, insanity, incarceration]
Ways a Tenant Can Avoid paying Rent? [Defenses-Core]
Breach of Implied Warranty of Habitability (Unsafe),Constructive Eviction, Actual Eviction, LL Retaliation (Price raise after reasonable time of a complaint), Illegal Lease (violation of codes), LL ish-failure to mitigate (still on hook)
How do you destroy a JT?
Common Law Marital Property
Married Women’s Property Act:
allowed women to hold title to real estate and control the management of their own property.
Additionally, protected wife’s property from husband’s creditors
Creditors couldn’t affect tenancy by the entirety [ENDO]
What is the exception for an owner's right to exclude?
State v. Shack
Rule: The ownership of real property does not include the right to refuse access to individuals providing government services to workers who are housed on the property
What are the 3 possible states of minds for Adverse/Aggressive/Hostile AP?
Objective – state of mind is irrelevant; actions of possessor viewed [majority approach]
Subjective/Good Faith Standard – “I thought I owned it.”
Aggressive Trespasser - “I did not think I owned it, but I intended to make it mine.”
If community property is mixed with separate property – what if property is purchased during marriage?
Three approaches:
Inception of right
Time of vesting
Pro Rata share (CA)