Property

41 cards·by arnettj1

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Property exists only to the extent that it is recognized by the government

legal positivism

The right to transfer property is known as _______

alienability

From Moore v. Regents: what must a plaintiff establish for conversion?

Actual interference with his ownership or right of possession

Trespass:

right to exclude

Conversion

right to transfer

From Sundowner v. King: (1) property owner; (2) creates useless structure; (3) for the SOLE PURPOSE of injuring THEneighbor.

spite fence

Private nuisance:

right to use

From Prah v. Maretti, what are 5 elements of a private nuisance?

(1) Intentional; (2) non-trespassory; (3) unreasonable; (4) substantial intereference with; (5) use and enjoyment of plantiff's land

When demonstrating private nuisance, how is "unreasonable" defined?

If the gravity of the harm outweights the utility of the actor's conduct

What are the four justifications for adverse possession?

(1) preventing frivolous claims; (2) correcting title defects; (3) encouraging development; and (4) protecting personhood

From Gurwit v. Kannatzer: What are the six elements of adverse possession?

(1) actual; (2) exclusive; (3) open & notorious; (4) adverse & hostile; (5) continous; (6)period of time

Mental state when you think the property is yours (hostile possession)?

good faith

Mental state when you know the property belongs to someone else (hostile possession)?

bad faith

When the adverse possession periods of two or more successive occupants may be added togetherto meet statutory period?

tacking. Watch for privity, which is used to defeat AP claims made by a series of trespassers.

What are the four categories of "found" chattels?

(1) lost property; (2) mislaid property; (3) abandoned property; (4) treasure trove

Property is _____ when the owner unintentionally and involuntarily parts with it.

lost property

Property is ___ when the owner voluntarily and knowingly places it somewhere then unintentionally forgets it

mislaid property

Property is ___ when the owner knowingly relinquishes all right, title, and interest to it.

abandoned property

Property is __ when the owner concealed it in a hidden location long ago. (Usually limited to gold, silver, & currency)

treasure trove

Finder of lost property has right to possession over everyone but ____

rightful owner and previous possessors

Rightful possession of a piece of property that is owned by someone else is called __.

bailment

the finder of a piece of ___ property gets to keep it.

abandoned

From Bejamin v. Lindner Aviation: If property is __, it belongs to the owner of the premises where it was found.

mislaid

What are the 2 factors to be considered when determing status of found property?

where the object was found and the manner in which it was hidden.

From Gruen v. Gruen: What are the three elements of a valid inter vivos gift?

donative intent; delivery; and acceptance

Define "donative intent" within inter vivos gift.

the donor must intend to make an immediate transfer of property

Define "acceptance" within inter vivos gift.

the donee must accept the property

What are the three types of delivery within inter vivos gift?

manual delivery; constructive delivery; and symbolic delivery

Gifts are irrevocable, except for __ gifts.

conditional

What are the three basic types of intellectual property?

copyrights, patents, and trademarks

What are the five elements for a valid patent?

patentable subject matter, utility, novelty, non-obviousness, and enablement

What are the three elements of a valid trademark?

first in use trade, distinctiveness, and non-functionality

Trademarks are divided into these four categories along the spectrum of distinctiveness:

arbitrary or fanciful mark, suggestive mark, descriptive mark, and generic

The holder of a life estate is usually called a __.

life tenant

A __ is an existing, nonpossessory property right that may become possessory in the future.

future interest

What are the four nonfreehold estates?

term of years, periodic, tenancy at will, tenancy at sufferance

A fixed duration which is agreed upon in advance

term of years tenancy

A tenancy that is renewed for successive periods unless terminated by advance notice

periodic tenancy

A tenancy with no fixed ending point

tenancy at will

When a person who rightfully took possession of land continues in possession after that right ends

tenancy at sufferance

If a tenant abandons property, what three things can a landlord do?

sue for rent, terminate the lease, mitigate damages then sue for rent