Original Possession
The Rule of Capture
The finder of property has title against all but the ________________.
What case is this principle associated with?
true owner. Armory v. Delamirie
one of the most essential sticks in the bundle of rights that are commonly characterized as property
O grants Blackacre to "A" for life, then to B and his heirs
A has a life estate. B has an indefeasibly vested remainder future interest.
What case establishes Judicial Review
Marbury v. Madison
How can someone establish original possession?
-wounding, trapping, carrying away (pierson)
-custom (Ghen)
-quasi-ownership and equity (Popov)
Title Relativity Chain
O > F1 > F2 > C1 > C2
True or False: self-help is not lawful to remove a tenant in possession of real property when sufficient legal mechanisms exist as an alternative
true
O grants blackacre "to A for life, then to B and her heirs, but if B ever remarries, then to C and her heirs."
Present Possessory Estate: A has a life estate.
Future interest: B has a vested remainder subject to divestment
Future Interest: C has a shifting executory interest
O: has a reversion
What are the three elements of standing
1. injury
2. causation
3. redressability
Ad Coelum
What are the elements of adverse possession?
possession must be:
(1) actual
(2) continuous
(3) open and notorious
(4) adverse under a claim of right (hostile)
(5) some jurisdictions require a good faith element
Necessity Exception to Trespass
applies in all sorts of situations when preserving life (or maybe even more valuable property) (i.e., natural disasters, fleeing from assailants, wandering animals, obstructed highways, rescue of property)
O grants Blackacre to Huxley College, as long as it is used for instructional purposes
Huxley College has a fee simple determinable and O has the future interest of possible reverter
what is the current commerce test the court uses?
1. instrumentalities
2. channels
3. substantially related
-note that whether or not the activity is economic in nature matters (See Lopez; See also Morrison)
Accretion: when there is a gradual shift in the course of a waterway, the middle threat of the waterway still serves as the boundary (keep following the river)
Avulsion: when there is a sudden and pronounced change in the water channel, the boundary remains where it used to be (stop following the river)
The continuity requirement of adverse possession requires ________________, which may vary depending on context
normal usage
Fisher v. Steward juxtaposed to McConico v. Singleton
Fisher v. Steward: beehive case - says that custom will not give beehive ownership to the finder; instead, rationale soli will apply and the owner of the land that the beehive is on will have first right
McConico: custom allows entry without permission for purpose of hunting on unenclosed lands (can be overcome by no trespassing signs)
O grants Blackacre "to A; but if marijuana is inhaled on the premises during A's life, then to B and her heirs"
A has a fee simple subject to executory limitation
B has a shifting executory interest in fee simple
O has possible reversion
true or false: the legislative branch cannot delegate its legislative power to an agency because it would be a violation of the separation of powers doctrine.
False. The legislative branch may do this. (West Virginia v. EPA)
The tests associated with this are the non-delegation doctrine and the major questions doctrine
Keeble v. Hickeringill
intentional interference with completing possession by a non-competitor is inactionable (court created this tort)
Two Questions for 500:
What is "tacking"
What does Songbyrd, Inc. v. Estate of Grossman establish
adverse possessors can take their time onto the previous adverse possessors if they are in privity to them, which means a voluntary transfer of the property from th earlier to the later adverse possessor
Sonbyrd establishes that adverse possession applies to tangible personal property
Racially Restrictive Covenants are _________________ (fill in the citation)
unenforceable because the court, a public institution, would be in violation of the fourteenth amendment in doing so. (Shelley v. Kramer)
to A for life, then to A's husband if he survives her
A has a life estate
A's husband has a contingent remainder (contingent on the fact that he survives her)
O has a reversion because, if the husband does not survive her, O would get the property back
name all 9 justices on the supreme court