Final Fine Tune Flashcards Preview

Property 1L Del Law > Final Fine Tune > Flashcards

Flashcards in Final Fine Tune Deck (22):
1

Inn Keeper / Common Carrier
vs
Amusement Rule

Inn Keeper - refuse reasonably
bc holding themselves out to serve public
vs
Amusement - arbitrary consistent w civil rights

2

Ten by The Entirety

4 Unites Must be Present , Presumption in Common Law

3

Benefits of JT / TIC

Ten in poss can use as long as NOT WASTE , Burdens

4

Ouster

Wrongful Dispossession of a Rightful Owner or Tenant

5

Constructive Ouster

If Hostility flows from Ten in Poss

6

Property in Wild Animals

Labor ,Reasonable Prospects , Capture, Pre- Poss Interest, Mortal Wounding, Eff Trapping, Landowner,

7

Bailment

a TEMPORARY Transfer of property for a specific reason form bailor to bailee w/ the intent that the prop will be returned at the conclusion of that reason

8

Gift - define

an Immediate voluntary transfer of property to another gratuitously w/o consideration

9

Gift - 5 Elements

[II- Cap - AD] Immediate , Intent , Capacity , Acceptance, Delivery

10

Adver. Poss - define

allows a NON-OWNER who actually POSSESSES land w/o PERMISSION of the TRUE Owner to Acquire Ownership of that land

11

AP - 5 Elements

Actual Poss, ADVERSE + Hostile , Open + Notorious , Exclusive , CONTINUOUS,

12

Tacking - define

Can add Successive Periods of AP by different TRESPASSERS together if these persons have privity

13

Privity - define

When an earlier POSSESSOR gives the next POSSESSOR a title document to transfer to the next SUCCESSOR or if the Successor is an heir to the AP

14

FHA - Familial Status

1 or more individuals being domiciled w/ a parent or guardian

15

FHA - Unlawful to ...(4 things)

Discriminate on terms , conditions, privileges, or refusal to rent

16

Covenant of Quiet Enjoyment - define

LL obligation to provide the Ten w/ reasonable PRIVACY + FREEDOM from any INTERFERENCE w/ the Ten's Exclusive USE + ENJOYMENT of the rented premises (implied in all leases)

17

IWH 5 Elements

Standard (zoning ord) , Notice (inspect/notice) Non-waivable, Breech (3 ways), Remedies (a lot)

18

Retaliatory Eviction exists ....

to Protect the right of the Ten to not ignore their rights
// discourages the LL form Raising Rent, Reducing Services, Eviction

19

Lease - define

Transfer of Possessory right to use a defined space in return for the promise to pay rent

20

License - define

Limited right to use land and revocable at the will of the licencor // Dominion + Control deciding factor

21

Constructive Eviction / Partial

LL ..SUBSTANTIALLY INTERFERED ....

22

IWH

must provide premises that are FIT for Human Habitation + repair any defect that deprives the Ten of any ESSENTIAL Function of living