Property Law Exam

Question 1

Capture =

Answer 1

Intent to control + act of control

Question 2

Capture: Animals

Answer 2

Ferae Naturea: wild animals and noxious beasts. Ownership occurs upon capture

Question 3

Exceptions to Capture

Answer 3

Ratione Soli & Increase

Question 4

Oil & Gas

Answer 4

A capture rule similar to animals but accompanied with dozens of regulations

Question 5

Groundwater

Answer 5

English Rule: first to capture
US Rule:
1. Western States: First to put it into beneficial use
2. Eastern States: Riparian rights

Question 6

Treasure Trove: Shipwrecks

Answer 6

1. Abandoned –> Law of finders
2. Not abandoned: Finder gets a percentage
3. US gives states ownership and they may establish their own rules

Question 7

Equitable Division

Answer 7

Popov Case

Question 8

Rejection of Jus Tertii

Answer 8

Amorie Case of finders

Question 9

Conquest/Discovery

Answer 9

Johnson v. M’Intosh

Question 10

Government Grants

Answer 10

1. Homestead Act: Land grants west of the MS river
2. Northwest Ordinance: Rectangular division of land
   2a. Policy arguments in favor of that division
3. Metes and bounds: idiosyncratic description of property lines

Question 11

Creation

Answer 11

1. Lockean property theory: Property rights are created through a combination of labor and natural resources
2. M’Intosh, Chakrabaty, INS

Question 12

Intellectual Property

Answer 12

1. Copyright: artistic and creative expressions
2. Patents
3. Trademarks
4. Trade secrets

Question 13

IP Policy Debates

Answer 13

Is monopoly necessary for innovation?
Problems associated with monopoly of owners

Question 14

Adverse Possession

Answer 14

1. Actual
2. Exclusive
3. Open & Nostile
4. Continuous
5. Hostile
   5a. Three states of mind: state of mind not considered (majority rule), Good faith rule, bad faith rule (Maine)

Adverse possessor of a life estate holds the property pur autre vie

Question 15

Forms of Ownership

Answer 15

1. Fee simple: Absolute and defeasible

Defeasible:
1. Determinable
2. Subject to condition subsequent
3. Subject to executory limitation

Fee tail

Life Estate

Question 16

Numerus Clausus

Question 17

Waste Doctrine

Answer 17

1. Affirmative
2. Permissive
3. Ameliorative

For concurrent interests, the analogue is partition in kind or by sale

Question 18

Rule Against Perpetuities

Question 19

Restraints on Alienation and Marriage

Question 20

Trusts

Answer 20

Policy Issues raised

Question 21

Concurrent Ownership

Answer 21

1. Tenancy in Common
2. Joint Tenancy
3. Tenancy in the entirety

Question 22

Common Interest Communities (CICs)

Question 23

Tragedy of the Commons

Question 24

Recordation Statutes

Question 25

Mortgages and the limits on financing homes

Question 26

Duty to disclose by the seller

Question 27

Common law leasehold estates

Answer 27

1. term in years 2. periodic tenancy 3. tenancy at will 4. tenancy at sufferance

Question 28

Covenant or quiet enjoyment

Answer 28

Implied in every lease and it's a mandatory rule

Question 29

Constructive Eviction

Answer 29

Landlord deprives tenant of enjoying a part of the unit giving the tenant a right to leave and stop paying rent or sue for trespass

Question 30

Actual Eviction

Answer 30

Tenant is deprived of accessing certain parts of the property which they have the right to possess

Question 31

Implied Warranty of Habitability

Question 32

Rent Control

Question 33

Housing Discrimination and FHA

Question 34

What should and should not be owned as property and what should be the rights associated with those properties.

Question 35

Trespass

Question 36

Replevin

Question 37

Conversion

Question 38

Trespass to Chattel

Question 39

Necessity exception to trespass

Question 40

Adverse Possession exception to trespass

Question 41

public trust doctrine exception to trespass

Question 42

Fair Housing Act

Question 43

Leasehold estates

Answer 43

1. Covenant of quiet enjoyment 2. Constructive eviction 3. Actual eviction 4. Implied Warranty of Habitability IWH

Question 44

public trust doctrine

Question 45

nuisance

Question 46

intent to control plus an act of control