essay and MC issues that I got wrong Flashcards

1
Q

purpose of ejectment

A

the object of an action for ejectment is tory title to and obtain possession of a piece of land

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2
Q

elements of ejectment

A

Plaintiff must be out of possession

plaintiff must show superior right of possession

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3
Q

effect of ejectment

A

permanently settles possessor and ownership interest

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4
Q

what is a bill to quiet title

A

equitable action in which court removes a cloud on title

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5
Q

elements of bill to quiet title

A

P does not have to be in possession

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6
Q

effect of bill to quiet title

A

removes cloud on title but does not provide for restoration of possession or for damages

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7
Q

object of declaratory action

A

obtain a declaration of right with or without consequential relief

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8
Q

elements of declaratory judgment

A

(1) actual controversy [no advisory opinions]

(2) legal or equitable claim

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9
Q

how to properly describe a property using metes and bounds or other measurements

A

key is to make sure that the final boundary meets back at the starting point

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10
Q

when someone is encroaching on your land, what relief do you request

A

injunction to remove the encroachment

enjoin the trespass

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11
Q

in virginia, what is the extra adverse possession element you might need

A

possessor must act “under claim of right”

= possessor needs to actually claim that he owns the land [not high hurdle]

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