Rights
Bundle of Rights
What is D.U.E.T.?
Right to Destroy
Right to Exclude
Right to Use
Right to Transfer
What is adverse possession?
Permits someone to gain title to another’s land by long use. Technically the running of statute of limitations on a cause of action for ejectment
4 types of "found chattels"
Mislaid property — TO intentionally places it somewhere and then forgetAbandoned — TO knowingly relinquishes all rights to the property
Lost property — True owner (TO) unintentionally and Involuntarily parts with it
Treasure trove — TO hides with intent to return later. Usually limited to gold, silver, coins, and currency
Types of Fee Simples
FSA-owns all duration sticks
Life Estate-reversion->remainder
FSD-possibility of reverter
FSSCS-Right of entry
FSSEL-FI in 3rd party
where 2 or more people have the right to share possession at the same time
Concurrent Interest
Right to Use Exceptions
Private Nuisance and Public Restrictions
Elements of AP
Actual
Exclusive
Open and Notorious Hostile
Continuous
Bailment Types
Bailor/Bailee
Types Mutual (reasonable care); Benefit of Bailee (extraordinary); Benefit of bailor (minimal care)
Methods of Transfer of Real Property
Deed, Will, Intestate succession
Types of Concurrent Interest
Tenancy in Common
Joint Tenancy
Tenancy in Entirety
Right to Exclude Elements
Strict liability
1. Intent to Enter
2. Physical Entry
can tack on predecessor if privity (reasonable connection)
AP of Chattels
Tradition rule- approach same as real property. The main problem is open and notorious
Alternative approach- the discovery rule. Developed with med malpractice. Begins to run when TO knows or should have known who possesses the chattel. Focus on the actions of TO rather than AP
provides that if the life estate and the next vested estate in fee simple come into the hands of one person, the lesser estate is merged into the larger
Merger Doctrine
4 unities
Time;Title;Interest;Possession
(P.I.T.T.)
Spite Fence Doctrine
no property owner has the right to erect and maintain an otherwise useless structure for the sole purpose of injuring their neighbor
Color of Title
refers to a deed, judgment, or other written document that appears to grant land but invalid
Definition of gift and its elements
immediate transfer of property to another w/o consideration
Elements: Delivery, Donative Intent, Acceptance (A.I.D.)
Types of remainders
Vested
Indefeasibly Vested Remainder
Vested Remainder Subject to Divestment
Contingent Remainder
Vested Subject to Open
A third party used to convey the property. The straw man has no real interest in the property. Usually to convey TIC property to move to JTROS. No need for it anymore since a JT grantor can convey property in JT on his own
Straw person
Private Nuisance Elements
(1) intentional, (2) non-trespassory, (3) unreasonable, (4) substantial interference (inhibiting someone from using the land) with (5) use and enjoyment of plaintiff’s land
Intent defined as (1) purpose of causing harm or (2) knowing that harm would happen
Unreasonable defined: unreasonable if gravity of harm outweighs utility of conduct.
Adverse Possession Disabilities
SOL is tilled during disability; extended if TO is:
1)minor; 2)incapacitated; or 3)imprisonment
Types of Delivery
Manual-physical transfer (required if possible)
Constructive- hand over an object that provides access
Symbolic- physical transfer that represents/symbolizes gift (a writing)
Remainder- 1)capable of becoming possessory immediately 2) Cannot divest an interest in another party 3)cannot follow a defeasible fee
Executory interest- can involve a waiting period or uncertain conditions before possession and may divest other interests.
Does the right of survivorship apply to all concurrent interests?
NO! only JT and Tenancy in Entirety