Property Basics
This policy encourages productive land use and avoids the tragedy of the commons.
What is Economic Efficiency?
This doctrine awards ownership to the first possessor of unowned property.
What is the Rule of Capture?
What is the default co-tenancy when nothing is specified?
This is the most complete estate with no conditions.
What is a fee simple absolute?
A lease longer than this must be in writing.
What is 1 Year?
This theory says ownership comes from mixing labor with unowned resources.
What is Labor Theory?
To own a wild animal, you must have this level of control.
What is actual or certain control?
What is Joint Tenancy?
This estate is measured by someone's life.
What is a life estate?
This type of easement is created through long-term use without permission.
What is an easement by prescription?
This case prioritized clear rules over fairness in determining ownership in acquisition by capture.
What is Pierson v. Post?
(1) Actual possession (2) exclusive (3) open and notorious (4) adverse and under a claim of right (5) continuous for the statutory period
What are the 4 unities required for joint tenancy?
(1) Time (2) Title (3) Interest (4) Possession
This is a future interest retained by the grantor.
What is a reversion?
A tenant discovers serious defects making the property unsafe. The landlord fails to act after notice. The tenant stops paying rent and moves out. What doctrine supports the tenant’s actions?
This fundamental right allows a property owner to keep others off their land.
What is the right to exclude?
A person uses land with permission for 10 years. Do they acquire ownership?
No, not through adverse possession. It is not hostile (adverse and under a claim of right).
This remedy divides property or sells it when co-tenants disagree.
What is Partition?
This estate automatically ends when a condition is violated.
What is a fee simple determinable?
This occurs when the dominant and servient estates come under common ownership.
What is a Merger that terminates the easement?
A shopping center owner tries to exclude peaceful protestors. What right may override?
What is free speech? See Pruneyard.
A co-tenant claims adverse possession against another co-tenant. What must they prove beyond the normal elements of normal adverse possession?
What is an ouster and clear repudiation of the co-tenancy?
What are the two leading theories in assessing whether mortgages sever joint tenancy & what do they hold?
Lien Theory - Leins and mortgages do not sever a joint tenancy.
Title Theory - The mortgage will sever a joint tenancy.
How is property distributed if the will fails, is void, or does not exist?
What are the laws of intestacy? The estate is divided into shares based on the nearest generation in which there are living descendants of the testator.
A buyer purchases property without knowledge of a prior unrecorded easement. The easement is visible across the backyard. Is the buyer bound by it, and why?
Yes. They have inquiry notice.