Leasehold Estates
If a landlord fails to bring an action for the eviction of a tenant at the conclusion of a term that party becomes this...
What is a Holdover Tenant?
What is a Tenancy in Common?
Under this type of concurrent estate, Co-tenants have an “undivided interest” in the property that allows them to possess the entire parcel. Co-tenants have fractional shares that determine how rents are shared, how basic financial expenses are met, and how the proceeds of the property's sale are distributed
These words establish the grantor and grantee (e.g. “O to A”) v. words that follow (e.g. "unless A uses the Land as a Brothel, then to B")
What are Words of Purchase v. Words of Limitation
General rule for Capture of Animals
Wild animals are free and unowned. A person acquires ownership of a wild animal if he kills, traps, or otherwise deprives the animal of its natural liberty. Mortal wounding accompanied by continued pursuit may constitute capture. Mere pursuit is not enough.
What are the main 4 rights in the bundle of rights?
-Transfer; Exclude; Use; Destroy
A tenant pays month-to-month starting on the 1st of each month. Landlord provides tenant a notice to evict on the 15th of May. When is the earliest that tenant must vacate the premises?
July 1st
What are the 4 unities and their definitions?
The Four Unities which must be present for a Joint Tenancy requires that that each joint tenant:
(1) Time: Must be conveyed at same time by same instrument
(2) Title: Must share equal title
(3) Interest: obtain equal fractional undivided interests of the same duration
(4) Possession: Must all share equal possession.
Name and define 4 possessory estates
(1) Fee Simple Absolute: Unlimited possession and ownership. "O to A and his heirs"
(2) Life Estate: Possession for one's lifetime. May convey life interest, but nothing posthumously. "O to A for life"
(3) Fee Tail: Conveyance through bloodline. May convey for TY, LE, but not FSA or FT until FT dies. "O to A and the heirs of his body"
(4) Term of Years: Leases for a duration. May sublease or assign as allowed by contract. "O to A for 5 years. A may not sublease without express consent of O". Note here that at common law, A may still assign, as this was not strictly denied by the words of limitation.
(1) Mislaid Property: Intentionally + Voluntarily placed, but forgotten. Finder has claim against all but O.
(2) Lost Property: Unintentionally and Involuntarily placed. Finder has claim against all but O.
(3) Abandoned Property: O has relinquished ownership through intent to lose both title and possession. Finder has claim against all, even O.
(4) Treasure Trove: Physical currency with antiquity. Finder has claim against all, assuming O is dead.
5 Theories of Property Law + Brief Description
(1) First Possession: who had it first?
(2) Labor Theory: entitled to fruits of your labor.
(3) Utilitarian: efficient use of property = happy society.
(4) Civic Republican: Property is necessary for government to function.
(5) Personhood: property creates a sense of individualism and personal development.
(1) Periodic Tenancy + Give an Example
(2) Tenancy at will
(1) This tenancy renews automatically at specified periods unless the landlord or tenant chooses to terminate the lease. Also, notice is required to terminate the leasehold by statute and common law...
ex. month-to-month --> If paid next month, renews for a month + need 1 month notice to terminate
(2) This type of tenancy is formed at the will of the tenant or landlord can be terminated by either party without notice.
Differentiate Joint Tenancy, Tenancy in Common, and Tenancy by the Entirety
JT: Right of Survivorship (immediately transferred to other JT's upon death); formed by 4 unities
TIC: Only 1 unity, possession. No right of survivorship. Can only sever, not terminate. TIC = DEFAULT
TBE: 4 Unities + Marriage. Right of Survivorship (immediate transfer upon death)
What is a Possibility of a Reverter?
Under a Fee Simple Determinable, if the limiting event takes place the property automatically passes back to the grantor or her heirs and the grantor’s interest is called this
Creation of a Bailment
Delivery + Acceptance of personal property= Bailment
Delivery: Actual delivery is a physical handoff. Constructive is the delivery of an item like a key, which transfers control. Symbolic delivery is an item like a document which symbolizes transfer.
Acceptance: Use logic to see if acceptance.
Constructive Acceptance: Bailee came into possession by mistake (still a bailment).
What is Color of Title?
Color of title allows an adverse possessor to claim all of a parcel, and not merely the exact pieces that they used.
This type of eviction occurs when a landlord’s interference with the tenant’s enjoyment of the estate only applies to a portion of the property allowing the tenant to continue to enjoy the remainder of the premises... Contrast to where enjoyment of the entirety is made impossible.
What is Partial Constructive Eviction? Note that the best option for T is to remain in possession, withhold rent, make the repairs, and sue L for damages. By abandoning, T is materially breaching the contract, opening the door to suit and damages.
In contrast, constructive eviction.
What is the survivorship right of the remaining spouse in TBE? What about heirs of TIC and JT survivorship rights
Generally, under a Tenancy by the Entirety, creditors of one spouse cannot claim a property interest in the co-owned property. Upon the death of a debtor spouse a creditors property interest is destroyed by this
TIC: Can convey by will or goes to heirs
JT: Goes to other JT immediately upon death. Note that JT can convey during life, typically breaking JT into TIC.
Differentiate Shifting and Springing Executory Interests
Shifting = Grantee to Grantee
Springing = Grantor to Grantee
Misdelivery of Bailment
A bailee owes a duty of care to the bailor's property. While standards very, generally all bailee's owe a "reasonable objective person" standard.
An exception is when a bailee delivers property to the wrong person, then they are held strictly liable, meaning that reasonableness is inconsequential.
What school does Papa Seita represent?
What Law School did Brescia go to?
Was Dean Meyer a prosecutor or defense attorney?
GUILDERLAND
YALE
Defense
(1) What is the Covenant of Quiet Enjoyment?
(2) What is the Implied Warranty of Habitability
(1) Under this a landlord promises not to interfere with the tenant’s use and enjoyment of the estate
(2) The warranty conditions a tenant's duty to pay rent on the landlord's duty to maintain a habitable living space. CANNOT WAIVE.
Partition in Kind v. Partition by Sale
Generally, partition by kind is preferred unless (1) it is impracticable/inequitable to partition the land AND (2) ALL tenants are best served by partition in kind.
By kind = splitting the land
By Sale = selling land and dividing profits.
What is Fee Simple Subject to condition subsequent?
These are words of condition that indicate that on the change of a stated condition the grantor may terminate the prior estate and reclaim the land...
Goods obtained by theft v. Goods obtained by fraud when sold to a Bona Fide Purchaser
As a general rule, no one may pass on better title than they posses. BFP's have additional protections when purchasing goods from merchants.
Goods obtained by fraud creates voidable title, meaning that the title passes is valid to a BFP against all but the original owner.
Goods obtained by theft creates void title. Since the title is void, it may never be passed, meaning that even a BFP has limited to no protections against suit from the original owner.
Adverse Possession: 100 points per element, 500 total. Must explain tacking rule for full credit.
Hostile Possession: The adverse possessor has some intent to be there, jurisdictions very on requirements.
Exclusive Possession: Possession may not be saved.
Length of Possession: SOL ex. 10 years. Note the tacking rule, where good faith possessors may tack time together.
Uninterrupted: Possession must be continuous with no breaks. Note that continuation is satisfied by the ordinary use of the land ex. summer home = possess every summer.
Visible (open and notorious): Possession is so visible that if the owner inspected their property, they would find the adverse possessor.
Actual Possession: Claimant must use the land in the same way an owner wood. ex. cutting trees down for fire wood, making trails for hunting.