The Basics and Adverse Possession
The Policy Considerations Inherent in Property Law
What Are
Economic Efficiency
Fairness
Certainty
Personhood
Democracy
The three types of deeds
Quitclaim
General Warranty
Limited Warranty
What are the three elements of an inter vivos gift?
What are
Donative Intent
Delivery
Acceptance
The 3 main types of concurrent interests?
What are
Tenancy in Common
Joint Tenancy With Right of Survivorship
Tenancy by the Entirety
The Three Sources of Lease law
What are
The Contract
Statutes
Common Law
The Sticks
in the Bundle
What are
Right to possess or occupy
Right to use or exploit
Right to exclude others
Right to transfer (sale, gift, will)
Right to modify or destroy
Describe the merger doctrine
What is
The concept that once a deed is executed and completed the terms, warranties, and promises of the purchase agreement 'merge' into the deed.
Generally, what property rights does a finder have over lost or mislaid property?
Generally, lost and abandoned items go to the finder, unless the find is made at an owner-occupied residence. Mislaid items usually belong to the possessor of the place where the item is found. If an employee finds an item in the course of his employment, it belongs to the employer.
When it comes to filing for a Trademark, the three types of inherently distinctive words or symbols.
Fanciful
Arbitrary
Suggestive
The Statute of Fraud Requirements for a lease
Property
Price
Parties
Signed in writing
The Elements of Adverse Possession.
What are
Actual possession
Exclusive possession
Open and notorious possession
“Adverse and hostile”
Continuous possession
For the statutory period
At least two types of title assurances available
What are
Title Insurance
Attorney Title Opinions
Title Abstractor Liability
Adverse possession
Stacy and Natalie own and live on adjacent property. Stacy has an awesome vegetable garden but keeps running into trouble. A mole that seems to live on Natalie's property keeps crossing the property line and digging into Stacy's garden. To fix the problem Stacy places several humane traps across her property and into Natalie's. The next day one of the traps on Natalie's property catches the mole. As Stacy is picking up the trap Natalie runs out. It turns out that Natalie is a huge fan of Moles and wants to keep it as a pet. Stacy refuses.
Who has the better claim to the mole?
Who is
Natalie
The 4 elements of Joint Tenancy with Right of Survival
What are
Time
Title
Interest
Possession
Edward leases a house from Charlie. Edward wants to go Italy so he in turn rents the house to Jacob, with the understanding that if Edward needs to come back to town at any point to visit his girlfriend he can sleep on the couch.
Is this an example of a sublease or an assingment?
What is
A sublease
John and Greg own and live on adjoining lots. John has a lake on his property and Greg loves to fish. Every day Greg watches with jealously as John fishes. Every night he would sneak over the property line and fish. He manages to continue doing this for 10 years, the statutory period for adverse possession and files a claim of quiet title.
Which elements does Greg's claim fail on?
What are
Actual possession
Exclusive possession
Open and Notorious
Continuous
Which of the following is an example of a deficiency payment?
A loaner charges you a rate in violation of the state usury law so the borrower is only required to pay the legal limit
The payment made to a land owner by the buy who lost the race in a race recording jurisdiction
A foreclosure sale price so low is shocks the conscious
When the money received from a foreclosure sale is insufficient to cover the loan amount
What is
D. When the money received from a foreclosure sale is insufficient to cover the loan amount
Mary and Steve are neighbors in a dry and arid area. One day Mary gets tired of her water bill and decides to try to dig a well on her property. Luckily, she hits water. Mary starts to use the ground water for her day-to-day use and even fills up a pool. Steve sees this and gets curious. According to a geologist, the pool of groundwater stretches underneath both of their properties. Steve then claims that Mary owe him compensation for his share of the water she extracted.
Does Mary owe him compensation?
What is
No, Mary was the first possessor of the water, a migratory resource.
Carl is a very creative third grader who likes to help his parents. One evening Carl's dad burns himself when trying to pull a pizza out of the oven barehanded. While daydreaming in math class the next morning Carl comes up with an idea. A type of glove made out of some sort of fire resistant material that you could put your hand in to protect yourself when you take something out of the oven. Excited, Carl bikes down the the office and files a patent for his new idea.
Which requirement is Carl missing to file a valid patent?
What is:
Novelty
Which of the following is an example of a tenancy in suffering?
A. Bob leases an apartment from Joe. Bob’s neighbor, who also leases from Joe has a massive stereo system that he plays at all hours of the night, preventing Bob from sleeping.
B. Joe conveys a property to Bob, on the condition that Bob only uses it for hunting and never develops it
C. Same as B. but Bob decides to turn the property into a new Texas Roadhouse.
D.Bob leases an apartment from Joe and instead of leaving after his lease expires, Joe simply stays.
What is D
A held title to a 200-acre tract of remote and unimproved desert land, which she never visited. Driving past the land one day, B noticed that rare and valuable cacti grew there; B spent 20 minutes digging out four small cacti, which he later sold. Over the next 10 years, he visited the property on five more occasions, each time removing a few cacti. B claims title to the tract.
Assume the statutory period is ten years. Has adverse possession been established?
What is:
If that was a reasonable use of the property.
SURPRISE! It's an Easement Question!
A couple of years ago Shaggy bought a piece of property from Scooby that borders a piece of property owned by Fred. Shaggy’s property is split in half by an unnavigable ravine. Fortunately, just on the other side of the property line Fred had a bridge that Fred allowed Shaggy to use. One day Fred decided to sell his property to Velma. After the sale, Velma catches Shaggy on the bridge and tells him that he is not allowed to use the bridge and to get off of her property. In response Shaggy brings suit claiming Fred granted him an implied easement. Is Shaggy likely to succeed?
Yes, because Fred granted him an implied easement through prior use
Yes, because Fred granted him an implied easement through necessity
Yes, because Shaggy relied on the bridge
No
What is
D. No - Implied easements require common ownership.
Ali was eating lunch at an outside picnic table at “Bob’s Lobster Shack” on the Boardwalk The lobster claw had too much butter on it and slipped out of her hands. When she reached down to pick up it up, she found a ring on the Boardwalk under her table. The waitress told Bob, the owner of the lobster shack Bob ran up and down the Boardwalk until he found Ali exiting the public restroom of the Trumpet Casino. Bob demanded the ring, but Ali cannot find it. Two hours later, Kristin, a maintenance employee of the Casino, finds the ring on the sink in the restroom while cleaning the restroom. Assuming all the parties claim the ring, and applying traditional common law rules, who has the superior claim?
A) Ali, because a finder has superior rights over all but the true owner.
(B) Bob, to maximize the chances of returning the ring to the true owner.
(C) Kristin, because a finder has superior rights over all but the true owner.
(D) the Trumpet Casino owners, since it was found on their property by Kristin in the course of her duties as their employee.
Your friends Jon and Joni inherit an extensive forested lot with two cabins from their grandmother that. Joni loves the lot and the home having made so many fond memories there and wants to keep it. Jon is feeling lucky and wants to sell everything and go to Vegas. The two argue with Joni insisting a physical partition would be easy and Jon insisting they should sell the whole thing and split the money. In the middle of the argument they call you and ask, generally, do courts favor physical partition or partition by sale?
What is your answer?
What is
Physical Partition
Rachel has had a very bad, no good terrible week. The following things have happened in her apartment. 1) in 107 degree weather, her AC unit breaks and the landlord says they can’t fix it until tomorrow, 2) the repairman came by for the 6th time in as many weeks, but her water still does not work 3) she forgot again to email her landlord about the black mold growing in her bedroom 4) new neighbors moved in, and she’s pretty sure they are dealing drugs
If Rachel wanted to leave her lease without having to pay any further rent and could only cite one of these reasons, which should she choose
1, the AC
2, the water
3, the black mold
4, the drug dealers
What is B