The Limits & Possibilities of Property
Ownership of land.
What is real property?
This type of executory interest divests the grantor.
What is a springing executory interest?
This Latin phrase describes wild animals that are not owned until captured.
what is ferae naturae?
The Doctrine of Capture and the Doctrine of Discovery both rely on this temporal principle to determine ownership.
What is "first in time, first in right"?
These are the three types of restraints on alienation.
What is disabling, forfeiture, and
promissory?
Right to possess, use, exclude, transfer (alienate), destroy
what are the "bundle of sticks" of property?
This estate is created by words of duration such as "so long as," "while," or "during," and terminates automatically upon breach of the condition.
In Popov v. Hayashi, the court recognized this novel property interest for someone who nearly achieved possession but was unlawfully interrupted.
what is a pre-possessory interest?
Trover, Replevin, and Bailment
What are the possible remedies for acquisition by find?
This Texas case determined that a will's language created a life estate rather than a fee simple.
what is Knopf v. Gray?
This is the occupancy theory.
Automatically returns property to the grantor upon the occurrence of a specified event.
What is a possibility of reverter?
Under the American Rule for groundwater, a landowner's use must meet this standard, unlike the absolute use allowed under the English Rule.
What is reasonableness?
These are the 5 elements required for acquisition by adverse possession.
What is ROACH? (Running of the statute, open and notorious, actual and exlusive, continuous, and hostile)
In this form of co-ownership, the shares may be unequal and there is no right of survivorship.
what is tenancy in common?
This case ruled that property in wild animals is acquired by intent + occupancy, not mere pursuit.
What is Pierson v. Post?
O to A but if ....
words of condition
possibility of reverter/reentry
What is fee simple subject to a condition subsequent?
This area of property law concerns interference with the use and enjoyment of land.
what is nuisance law?
This case's rule explains that a valid inter vivos gift of chattel may be made where the donor reserves a life estate and the donee never has physical possession until the donor's death.
What is Gruen v. Gruen?
In Baker v. Weedon, the court balanced the interests of life tenants and remaindermen under this equitable principle.
What is the doctrine of waste?
This form of water rights is prior appropriation for the West and riparian rights for the East.
What is surface water?
This rule converts a contingent remainder into an executory interest if it follows a fee simple subject to condition subsequent.
What is the rule in shelley's case?
This concept, emphasized in the slides, refers to property rights being enforceable against the world, not just between parties.
What is the in rem nature of property rights?
This form of property gives creators rights for life + 70 years.
What is a copyright?
Courts prefer this type of partition unless it would cause substantial prejudice to the owners.
What is partition in kind?