Property Law Flashcards
(24 cards)
Property
Anything (physical or intangible) that can be owned by a person or entity
Adverse possession
A doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the person is in possession for a sufficient period of time.
The possession has to be hostile or adverse to the owner’s wishes.
Personal property/Chattel
movable tangible property
Intangible property
Property that is untouchable like goodwills and IP rights
Landlord-tenant law
Governs the rental of commercial and residential property
Real property
Refers to land and anything that land contains be it minerals underground or crops.
Title
Demonstrates ownership of property
What does property law pertain to?
- About human interactions
- The human interaction must relate to something (like an object etc.)
- The thing in question can be of various kinds (immovable, movable, intangible, notional)
Notional property
Legal rules create fictional assets in particular contexts.
Trespass (Civil Action)
Owner of immovable property can take legal action if person enters property without prior authorization.
The law does not care whether someone trespassed mistakenly or maliciously. It also does not care whether harm was done. A civil action may be brought against the defendant for trespassing.
Why does the Law of Trespass not care about whether harm was done or whether the trespasser crossed the land mistakenly?
It emerged historically as the principle by which owners could have the boundaries of their land delineated.
The dispute is the basis for delineating land boundaries. So, these two things have to be taken out of consideration in the dispute.
Features of American Property Law
- State court rulings, for the most part, form the basis of American property law.
- Has a dose of legal realism.
- It is adaptable depending on the situation. It adopts various different values and objectives to adapt to various situations.
What are different state approaches to satisfy the hostile/adverse requirement under the Law of Adverse Possession?
Maine Rule: The possessor needs to show intent to possess land of another person.
Connecticut Rule: Permission was not sought to possess the land by the adverse possessor from the owner.
Other Approaches: Intentional trespasses are problematic and will not allow for adverse possession in some jurisdictions. Mistakes can satisfy the adverse/hostile element however.
Legal realism
Movement that took place in first half of 20th century
According to this theory, judges consider not only abstract rules, but also social interests and public policy when deciding a case.
Ex: A judge making a decision based on how it would impact the public’s welfare.
Legal formalism
According to this theory, once lawmakers produce rules, judges apply them to the facts of a case without regard to social interests and public policy.
Revolution in Landlord-Tenant law of 50s and 60s.
Landlords had so much power with housing shortages. Tenants were forced to pay exorbitant rents and deal with unlivable housing conditions, per their leases.
Courts recognized the housing crisis and created protections for tenants.
Javins v. National Bank
Tenant refused to pay rent because of lack of repairs from landlord, despite a contract stating tenant must pay rent.
Judge Skelly Wright created doctrine of implied warranty of habitability.
Judge recognized traditional contract law does not apply here due to unequal bargaining power between parties.
Consumer protection law should apply to protect tenants.
Doctrine of implied warranty of habitability
This warranty requires landlords to keep their property “habitable,” even if the lease does not specifically require them to make repairs.
Shack vs State
Defendants entered upon private property in order to aid migrant workers housed thereupon, and, after being ordered to leave by the owner, refused and were convicted of trespassing.
Under New Jersey state property law there is no right to bar access to government services available to migrant workers; therefore, no trespass occurred.
Trespass on chattels
Owner of chattel may bring action against defendant if defendant interfered with owner’s ability to use chattel or caused damage to chattel while using it.
Ex: Taking my phone away while I am using it. Breaking my phone.
Cannot sue if phone is used when I am not using unless damage is caused.
Johnson v. Weedman
Man sues another man for using horse for 15 hours without former’s permission.
No harm was sustained to horse. Owner was not using horse at the time. So, Supreme Court of Illinois ruled for defendant.
Fun fact: Lawyer for defendant was Abraham Lincoln.
Gave rise to trespass upon chattels doctrine.
License
Permission granted by owner of property to someone to do something with property without being sued.
Ex: Giving permission to do contract work in house without being sued.
English common law types of licenses
Mere license (A general promise not to sue) (Can be revoked any time)
License coupled with a grant (If affirmative permission is granted to do something, operates as grant of interest in property and cannot be revoked until it has ended) (Ex: Some English courts used to say if you have a movie ticket, you have a grant of interest in the movie theater until movie ends and that cannot be revoked until the movie ends)
Marrone vs Washington Jockey Club
Ruled for Washington Jockey Club. Tickets for horse races or anything for that matter are mere licenses, not licenses with grants.
