Property

Question 1

The Right to Exclude: Civil Trespass

Answer 1

• Intentional
• Invasion
• Onto the land of another
• Unprivileged

Question 2

The Right to Exclude: Criminal Trespass

Answer 2

• Trespasser knows no access allowed

Question 3

Arbitrary Exclusion

Answer 3

• Majority
• The right to exclude for any reason
• Can not violate anti-discrimination laws

Question 4

Reasonable Exclusion

Answer 4

• Minority
• Only discriminate when reasonable to do so
• Person is a danger to other patrons
• Person disrupts the essential business operations

Question 5

Innkeeper and Common Carrier Rule

Answer 5

• Nationally Recognized

- Reasonable Exclusion

Question 6

The Right to Access

Answer 6

• Consent
• Necessity
• Public Policy

Question 7

1866 Civil Rights Statute

Answer 7

Prohibits race discrimination in the making of contracts

Question 8

1964 Civil Rights Statute

Answer 8

Prohibits discrimination in places of public accommodation

Question 9

Place of Public Accommodation

Answer 9

• Provides lodging for transient guests
• Principally engaged in selling food for consumption on the premises
• Place of exhibition or entertainment

Question 10

Protected Classes

Answer 10

• Race
• Religion
• Color
• National Origin

Question 11

Possession

Answer 11

• Occupancy

- Undertaking significant steps to achieve possession

Question 12

Injunctive Relief

Answer 12

A court order requiring a person or entity to do, or refrain from doing a specified act

Question 13

Constructive Trust

Answer 13

To prevent unjust enrichment when an individual benefits from his or her wrongdoing

Question 14

Equitable Distribution

Answer 14

Divide the proceeds from the sale of property

Question 15

Adverse Possession

Answer 15

• Possession
• Open and Notorious
• Exclusive
• Continuous
• Hostile
• For a statutory period of time

Question 16

Prescriptive Easement

Answer 16

Grants a trespasser the right to use the property of another in the same way it had been used before without interference

Question 17

Prescriptive Easement Elements

Answer 17

• Long-standing
• Non-permissive
• Does not qualify possession

Question 18

The Improving Trespasser

Answer 18

A non-owner who builds or constructs an improvement on the land of another without permission

Question 19

Doctrine of Relative Hardship

Answer 19

• Courts will balance the interest of both parties

- Only used is trespasser unknowingly encroaches on neighbor’s property

Question 20

Inter Vivos Gift Requirements

Answer 20

• Intent
• Delivery
• Acceptance

Question 21

Types of Delivery

Answer 21

• Actual Delivery
• Constructive Delivery
• Symbolic Delivery

Question 22

Testamentary Gift Requirements

Answer 22

• A signed writing

- With witnesses

Question 23

Gifts Causa Mortis Requirements

Answer 23

• Donative Intent
• Delivery
• Acceptance
• The Donor’s expectation of imminent death

Question 24

Types of Co-Ownership

Answer 24

• Tenancy In Commons
• Joint Tenancy with the Right of Survivorship
• Tenancy by the Entireties

Question 25

Tenancy in Commons

Answer 25

- Default Co-Ownership Type - Right to possess the whole property - Share calculated based on contribution - Power to transfer his/her share without knowledge of consent of co-owner(s)

Question 26

Joint Tenancy with the Right of Survivorship

Answer 26

- Right to possess the whole property - Power to transfer his/her share without knowledge of consent of co-owner(s) - Surviving Co-Owner absorbs the share of deceased Co-Owner

Question 27

The Four Unities

Answer 27

- Time - Title - Interest - Possession

Question 28

Tenancy by the Entireties

Answer 28

- Spouses Only - Co-Possession - Right of Survivorship - Cannot Transfer Alone/No Partition - Creditor Protection

Question 29

Ways to Resolve Ambiguities

Answer 29

- TIC as default - Intent of grantor - The Four Unities - Explicit Language

Question 30

Types of Shared Bank Accounts

Answer 30

- Joint Bank Account with the Right of Survivorship - Agency Account - Beneficiary Designation - Uniform Probate Code - New Ownership Structure

Question 31

Joint Bank Account with the Right of Survivorship

Answer 31

- Power to withdraw and manage all funds | - When one owner dies, their share is absorbed by the surviving co-owner(s)

Question 32

Agency Account

Answer 32

- Management rights to co-owner - No ownership rights to co-owner - No ROS

Question 33

Beneficiary Designation

Answer 33

- Designating who the money will goto at death - Overrides the Will - No management rights until death

Question 34

Uniform Probate Code

Answer 34

- Minority - Owner's share of bank account is based on his/her contributions - ROS

Question 35

New Ownership Structure

Answer 35

- TIC during lifetime | - JTWROS after death

Question 36

Co-Tenant Obligations

Answer 36

- Pay proportionate share of mortgage, taxes, and maintenance - Not required to share cost of improvements - No Rent by IPT to OOPT

Question 37

Ouster

Answer 37

- Rent owed to OOPT - Actual: act of physical exclusion by IPT - Constructive: situation of property of relationship between parties makes co-possession impractical

Question 38

Unilateral Lease by Co-Owner

Answer 38

- Can only lease the share you own | - If you don't subscribe to the lease, you don't get the rent

Question 39

Options for Non-Leasing Owner

Answer 39

- Give up rights of co-possessing, subscribe to the lease, and get the rent - Co-Possess - Partition - Rent out his share to someone else

Question 40

Severance

Answer 40

- If Co-Owner makes a lifetime transfer of their share | - If one co-owners makes lease or mortgage

Question 41

Severance: Co-Owner makes a Lifetime Transfer of their Share

Answer 41

- ROS is gone | - Becomes a TIC

Question 42

Lease or Mortgage Severance

Answer 42

- Converts Property into a TIC - Deceased Co-Owner's share would go to his/her estate - Lease Survives

Question 43

Lease or Mortgage: No Severance

Answer 43

- JTWROS still in place when co-owner passes - Deceased 's interests absorbed by Survivor - Lease survives

Question 44

Partition in Kind

Answer 44

-A physical partition of the land between co-owners

Question 45

Partition in Sale

Answer 45

- Selling the land and dividing the profits between co-owners - Must prove: - That the property cannot be conveniently partitioned in kind - That the interests of one or more of the parties will be promoted by the sale - That the interest of the other parties will not be prejudiced by the sale