Property Flashcards
(17 cards)
First possession general rule
First in time, first in right
Intent and control
Ownership hierarchy for abandoned property
Finder is the new owner. If there are multiple finders the first one is the owner. First in time, first in right.
Lost property - hierarchy of ownership
- Original owner
- 1st possessor
- Finder
Mislaid property - hierarchy of ownership
- Original owner
- Owner of the location where the property is found (locus)
Finder has no right to the property.
Adverse Possession - elements the adverse possessor must meet
- Actual possession
- open and notorious
- hostile
- continuous
Constructive Adverse Possession - deed issues
adverse possessor can acquire title to the entire property described in a deed when there is a faulty writing. Possession of the entire property is not required.
Transfer of property by gift - elements
- Intent (to give)
- Delivery (actual or constructive)
- Acceptance
Irrevocable once given
Gifts causa mortis
Gift made in anticipation of death, substitution for a will.
Same elements as a standard gift except that if death does not occur then the gift is revocable.
Lease - assignment
Entire interest is transferred
Landlord can collect rent from:
original tenant (privity of contract)
transferee (privity of estate)
Lease - sublease
only partial interest is transferred
Landlord can only collect rent from the tenant.
Landlord/Tenant - Term of Years
Automatically terminated at the end of term
Periodic Tenancy
Continues for successive periods until a party terminates
Tenancy at Will
Agreement that can be terminated by either party at any time
Tenancy of Sufferance
Holdover tenant. Landlord can re-rent or evict.
Covenant of Quiet Enjoyment
Landlord can not disrupt tenant’s possession - no form of actual or constructive eviction.
Warranty of Habitability
