Property

Random

100

Adverse possession elements..and there associated cases 

H: Hostile (without the consent of the owner)

E: Exclusive (No other adverse possessors)

L: Lasting (for the statutory period)

U: Uninterrupted (Continuous Use)

V: Visible (Open and Notorious)

A: Actual (Must be physically present on the land, and used in a way consistent with a usual landowner of the type of land, IE SUMMER LAKE HOUSE)

-Howard v. Kunto (overall for elements) 

-Marengo Cave-open and notorious

-Manillo v. Gorski: claim of ad poss. may be based on mistaken possession 

200

Rule of Capture 

gives ownership of a previously unowned resource to the first person to gain possession of that resource 

 Ex: capture groundwater, oil, gas 

300

Rule of Capture for Wild Animals and case 

 a person owns a wild animal once it has been taken into possession by restricting it’s natural liberty and bring it into capture’s control,

Mere pursuit is not sufficient to confer ownership. MUST MORTALLY WOUND OR CAPTURE PIERSON V. POST:

400

Color of Title 

Color of title is where an adverse possessor takes possession of property in reliance on some kind of written instrument that appears to give the title to the property, but the instrument is defective for some reason.

500

Easement by implication elements: 

An easement by implication requires the claimant to show (1) unity of ownership and (2) apparent and (3) continuous use that is (4) reasonably necessary to the use and enjoyment of the dominant estate.

Random

100

Liability on Bailments..and a case 

• Bailments solely for the benefit of the Bailor (owner) 
• Bailee only responsible for GROSS NEGLIGENCE and expected only SLIGHT care of bailed good 
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• Mutual Benefit Bailments
• Liable for ORDINARY NEGLIGENCE and expected to exercise ORDINARY CARE
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• Bailments solely for benefit of Bailee 
• Liable for SLIGHT NEGLIGENCE expected to exercise GREAT CARE

 

STRICT LIABILITY FOR MISDELIVERY: RULES FOR LOSS, DAMAGE OR DESTRUCTION IS ORDINARY NEGLIGENCE 

CASE: PEET V. ROTH HOTEL (DIAMOND LOST) 

200

Finding Four Characters 

• True owner
• Finder
• Subsequent possessor 
• Owner of Locus (owner of location where found) 

300

Classifications of Found Property--CASES 

• Abandoned Property: owner no longer wants property and intents to Voluntarily relinquish all rights to the property. THIS IS A QUESTION OF INTENT 
• All rights belong to the Finder, even over true owner 
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• Lost: unintentionally departs with property (can also be stolen) 
• Rights go to Finder when statutory followed and owner makes no claim for 12 months 
• Mislaid: Voluntarily placed somewhere, then inadvertently forgotten, Differs from lost because owner intentionally places mislaid property and forgets. 
• Finder has no rights to property, Property belongs to Owner of Premises above all else except true owner 
• Treasure Trove: coins or currency concealed by the owner, to be classified as treasure trove property must be hidden for length of time that owner presumed dead
• Rights go to Finder except for true owner 

ARMORY CASE: FINDER GETS UNLESS TRUE OWNER

LINDER AVIATION: OWNER OF LOCUS IF PROPERTY MISLAID 

400

Three elements of inter vivios gift 

• Intent
• Delivery
• Acceptance

 

Once all three elements are met, gift is irrevocable EXCEPTION cause mortis: think will die soon but doesn't 

500

Three types of delivery for a gift 

• Actual: involves physical transfer of object from donor to donee 
• Constructive delivery: involves the transfer of some object (a key) that will give access to the property that is subject of gift
• Symbolic: involves transfer of a written document that evidences intent to make a gift of personal property 

 

Acceptance: is presumed as long as object has some value 

CASE CARTER V. PERCY--CHECK WRITTEN BY DUDE WHO DIED NEXT DAY, CHECK WAS ACCEPTANCE 

Random

100

Color of Title 

refers to a circumstance where the adverse possession takes possession in reliance on some kind of written instrument that appears to give title to the property, but that is defective for some reason

200

Disabilities and Adverse Possession 

• In many states, SOL doesn’t run against owner if owner is a minor, mentally incompetent or in prison 
• Look at statute of state to determine Disability SOL 
• Use the SOL that benefits owner (Ex. 21 SOL or 10 years after Disability lifted, use the longer number that benefits owner) 
• OWNER MUST HAVE DISABILITY AT TIME AP TOOK POSSESSION 
• Owner can’t tack on 2 disabilities 

300

Issues (Who are these people)

lineal descendants---children, grandchildren 

400

Collateral (who are these people) 

blood relatives who are not descendants or ancestors, IE brother, sister, cousin 

500

Heirs (who)

people who inherent from a person who dies, ARE NOT MADE UNTIL DEATH OCCURS 

Random

100

Escheat 

if a person dies intestate WITHOUT heirs, then property goes to the state

200

3 Basic Tenancies in Present and Future Interests 

• Term of years: establishes duration of tenancy 
• Periodic Tenancy: is created ny language that is measured by a fixed period of time and automatically continues for successive periods until either landlord or tenant gives notice of termination 
• Tenancy at Will: no fixed period of time 

300

Fee Tail Wording 

“to A and the heirs of her body”

-passed down to A’s decendants until or if they die out then goes back to grantor 

-Mostly abolished 

400

Fee Simple Determinable Language and its characteristics 

• is created if the defeasible language is phrased “so long as” or “until” 
• Future interests that come with is called “possibility of reverter” 

Terminates automatically by operation of law once termination event occurs 

500

Fee Simple Subject to Condition Subsequent 

• Language used: but if, provided that, on condition 
• Future interest known as “right of reenry”, or power of termination 
• Not an automatic right of reentry MUST ASSERT RIGHT 
• Fee simple Deter: terminates automatically 
• Fee Simple Subject to Condition Subsequent: only terminates when right of entry holder exercises her right to terminate (MY PEROGATIVE) 

Random

100

Condition Precedent vs. Condition Subsequent 

Condition Precedent

A condition precedent is a condition that must be fulfilled before a contract or transfer becomes effective. 

Condition Subsequent

A condition subsequent is a condition that, if it occurs, terminates or modifies an existing contract or transfer. 

200

Fee Simple Subject to Executory Limitation 

• Created when accompanying future interest is created in someone other than original grantor 
• Future interest held by third party = executory interest 
• FORFEITURE AUTOMATIC

300

Future Interests in Grantor 3

• Possibility of Reverter ---follows Fee Simple Absolute
• Right of entry ---Fee simple subject to con. Sub 
• Reversion ---any future interest created in grantor that is not possibility of reverter or righto of entry 

400

Vested Remainder vs. Contingent Remainder 

• Vested: both and ASCERTAINED person AND NOT SUBJECT TO CONDITION PRECEDENT other than natural end 
• Contingent: either UNASCERTAINED OR SUBJECT TO CONDITION PRECEDENT other than natural end of the preceding estate 

500

Vested Remainder in Open Class 

• held by an open class of people 

Often called vested remainder subject to open class or vested