Chapter 8

Question 1

Land, including things under the land (like minerals and oil), and things permanently attached to the land (like buildings, homes, structures)

Answer 1

Real Property

Question 2

Moveable, weighable objects (like cars, computers, boats, airplanes, clothing)

Answer 2

Personal Property

Question 3

A legal interest in real or personal property that is filled by a creditor when they are owed money by the property owner.

Answer 3

Lien

Question 4

Example of Lien

Answer 4

If you own a vehicle and you finance all or some of that vehicle with a bank, the bank will file a lien on your vehicle until you pay it off. The vehicle is the bank’s security that you will pay back the money they loaned you. If you don’t pay it back, they will repossess the car.

Question 5

Power of the government (or legal condemning agency like a utility company) to take private property for public use without the consent of the owner.

Answer 5

Eminent Domain

Question 6

Example of Eminent Domain

Answer 6

12 private homes are in the way of a road that must be expanded to accommodate public use. The state government can legally take the property [for just compensation] via eminent domain if no agreement to purchase the property is reached first.

Question 7

Example of Eminent Domain

Answer 7

A utility company needs to run underground utility lines on your property. It can claim easement rights to access your yard and dig without your permission in order to lay the lines.

Question 8

Right to use someone’s land for specific purpose. Sometimes require payment, other times not.

Answer 8

Easement

Question 9

Example of Easement

Answer 9

A utility company needs to run underground utility lines on your property. It can claim easement rights to access your yard and dig without your permission in order to lay the lines.

Question 10

Police Powers by State and Local Governments

Answer 10

(1) Zoning Ordinance

(2) Regulatory Taking

Question 11

State and local governments can regulate and control activities on private property that deal with the general welfare.

Answer 11

Zoning Ordinance

Question 12

Example of Zoning Ordinance

Answer 12

Through zoning ordinance, governments can control land use and determine what areas are zoned for residential (housing) vs commercial (business) use.

Question 13

Example of Zoning Ordinance

Answer 13

Governments can dictate how close registered sex offenders can live to schools.

Question 14

When government regulations limit a private party’s personal land use, effectively depriving them of all economically reasonable use of the property.

Answer 14

Regulatory Taking

Question 15

When a regulation causes the value of property to be completely destroyed, the government must pay the value of the property owner just compensation. Complete destruction = FMV.

Answer 15

Regulatory Taking

Question 16

When a regulation only diminished a property’s value, no matter by how much or little, compensation is generally not required. Diminished value = no compensation.

Answer 16

Regulatory Taking

Question 17

Torts against Property

Answer 17

Trespass to Land

Question 18

Types of Trespass to Property

Answer 18

(1) Unauthorized intrusion by a person (or thing) on land (above or below) belonging to another.

Question 19

Rules of Trespass:

Answer 19

(1) Neither intent nor injury are required
(2) A property owner may not intentionally harm a trespasser or set a trap
(3) No duty to warn trespassers of any danger
(4) Generally flying objects are not considered trespassers unless they fly below 500 feet (FAA airspace begins at that altitude)
(5) Neither intent nor injury are required to be liable for trespass. However, a property owner may not intentionally harm a trespasser or set a trap. Still, no duty to warn trespassers of any dangers.

Question 20

Difference between private and public is volume of people impacted.

Answer 20

Nuisance

Question 21

Activity that substantially and unreasonably interferes with the use and enjoyment of a private party’s land.

Answer 21

Private Nuisance

Question 22

Types of Private Nuisance

Answer 22

(1) Physical Interference
(2) Discomfort or Health Risks
(3) Morally Offensive Conditions

Question 23

Physical Interferences

Answer 23

• Vibrations
• Destruction
• Throwing objects onto land

Question 24

Discomfort or Health Risks

Answer 24

• Pollution
• Odors
• Noise
• Dust
• Fumes

Question 25

Morally Offensive Conditions

Answer 25

• Drug deals going on next door

Question 26

Unreasonable interference with a right held in common by the general public.

Answer 26

Public Nuisance

Question 27

Types of Public Nuisance

Answer 27

(1) Public Health and Welfare

(2) Discomfort or Health Risks

Question 28

Public Health and Welfare

Answer 28

• Gambling establishment
• Bad odor
• Blocking highways

Question 29

Discomfort or Health Risks

Answer 29

• Polluting the local water supply

Question 30

True or False: Can’t file for nuisance if you move towards it, can only have a case if they come to you.

Answer 30

True

Question 31

Interference with the right of an owner to the exclusive possession and enjoyment of their personal property.

Answer 31

Trespass to Personal Property

Question 32

Example of Trespass to Personal Property

Answer 32

Bob takes Sam’s car for a quick trip to the local mini-mart without Sam’s permission. Bob has committed a trespass to personal property.

Question 33

Requires that interference with personal property be so serious as to deprive the owner of the use of the property for an extended period of time. If guilty of conversion, it justifies payment for the property.

Answer 33

Conversion

Question 34

Example of Conversion

Answer 34

Bob takes Sam’s car for a quick trip to the mini mart without Sam’s permission. On his way back, Bob gets into a car accident and totals the vehicle. This would be worse than trespass; this would amount to conversion because Sam is now deprived of the use of his car for an extended period of time