Chapter 5: Property Law Flashcards Preview

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Flashcards in Chapter 5: Property Law Deck (19)
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1
Q

Copyrights

A

Courts consider the following in determining fair use:

  • Purpose of the use
  • Nature of the work
  • Amount and substantiality of the portion used
  • Effect of the use of the work’s value
  • Extent to which the use might deprive the copyright owner of economic advantage
2
Q

Gift

A

Requires three elements:

  • Donative intent
  • Delivery
  • Acceptance
3
Q

Bailment

A

Three elements:

  • The transfer of possession of personal property without transfer of Title
  • The bailee’s acceptance of the bailed property
  • The bailee’s express or implied agreement to redeliver the property to the bailout or to a designated third party
4
Q

Real Property Ownership

A

Two types of estate, or ownership interest, in real property:

  • Fee simple estate
    • full ownership interest; right to dispose of it
  • Life estate
    • lasts until the death of a specified individual
5
Q

Real Property Ownership

A

Ownership forms when more than one person owns the property:

  • Joint tenancy
  • Tenancy in the entirety
  • Tenancy in common
  • Community Property
  • Cooperative ownership
  • Condominium ownership
6
Q

Tenancy in Common

A

Differs from joint tenancy and tenancy in the entirety in these ways:

  • It involves no survivorship
  • The parties can own unequal shares
  • The parties need not derive their interests in the same deed from the same grantor
7
Q

Condominium Ownership

A

Concurrent ownership and has two legal elements:

  • Individual ownership of a “unit” or separate, defined are
  • An undivided interest in a common or public areas (common elements) that serve all individual units
8
Q

Real Property Sales

A

Three types of deeds:

  • Warranty deeds
  • Bargain-and-sale deeds
  • Quit-claim deeds
9
Q

Elements of a Contract of Sale

A

A contract of sale for real property requires these elements:

  • Writing
  • Essential terms
10
Q

Trust Deeds

A

Trust deeds have three parties (vs two for a regular mortgage):

  1. ) The borrower (trustor) who transfers the land
  2. ) The trustee, to whom the land is transferred
  3. ) The beneficiaries, for whose benefit the transfer is made
11
Q

Mechanics’ Liens on Real Property

A

Must include:

  • Amount claimed
  • Claimant’s name and address
  • Type of improvement
  • Description of the land
  • Owner’s name
12
Q

Incidental Real Property Rights

A

Rights arising from either possession or ownership of land:

  • Adverse possession
  • Rights under, above, and on the land’s surface
  • Rights to lateral and subjacent support
  • Water rights
  • Ownership of fixtures
13
Q

Incorporeal Interests

A

The law recognized four major incorporeal interests:

  • Easements
  • Profits a prendre
  • Seller’s Restrictions on Land Use
  • Lease situations
14
Q

Government Controls

A
  • Zoning
  • Building controls
  • Eminent domain
15
Q

Zoning

A

Two ways to relieve a property from compliance with a zoning ordinance:

  • Special exceptions
  • Variances
    • Hardship variance
    • Use variance
16
Q

Eminent Domain

A

Two conditions:

  • The land must be taken for public use or public benefit
  • Just compensation must be paid to the property owner
17
Q

The Landlord and Tenant Relationship

A

Four specific areas:

  • The types of landlord-tenant estates, or relationships
  • Landlords’ rights and duties
  • Landlords’ remedies
  • Tenants’ rights and duties
18
Q

Types of Landlord-Tenant Estates

A
  • Tenancy at Will
  • Estate for Years
  • Periodic Tenancy
19
Q

Tenant’s Rights and Duties

A

Tenant need not pay rent if:

  1. ) The tenant has demanded that the landlord correct the situation
  2. ) The landlord has not corrected the situation within a reasonable time
  3. ) The tenant has left the premises at the end of that reasonable time