Subsequent Possession Flashcards Preview

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Flashcards in Subsequent Possession Deck (24):
1

Bailee

person holding property in trust for another

2

Bailment

the delivery of property to be held in trust and which is designated for a particular purpose, following the satisfaction of which the property is either to be returned or disposed of as specific.

3

Elements of Adverse Possession (4)

1. Continuous during the statutory period
2. Open and Notorious
3. Actual entry
4. Hostile possession

4

Discovery Rule

A cause of action will not accrue until the injured party discovers or by exercise of reasonable diligence should have discovered facts which form the basis of a cause of action. DOES NOT APPLY TO REAL PROPERTY.

5

Tacking

one adverse possessor may tack on his predecessor's time as long as there is privity. Not allowed if there was an ouster

6

Privity

met by an non-hostile nexus, deed, will, inheritance.

7

Ouster

if AP has come onto the land by force then they cannot tack time, Law does not want AP to benefit from wrongful taking.

8

Two steps of Conveyance

1. Land Sale Contract
2. Closing - the deed becomes the operative document

9

Land Sale Contract

1. SoF. Must be in writing

10

Finders

secures people in their own possession. Shows ownership. A right by virtue of possession.

11

Lost

rightful owner can't find it

12

Misplaced

forgotten in a place where rightful owner would know to get it. Owner of premise is entitled to possession except the rightful owner

13

Abandonment

True owner voluntarily relinquished ownership in title and possession. Finder has priority.

14

Claim of title

AP's hostile claim

15

Color of title

written claim on land that is now defective

16

Maine Adverse Possession Rule

intent to occupy the land must be absolute and hostile

17

Connecticut Adverse Possession Rule

if you are on someone's land and don't know it should still count

18

Disability Doctrine

Statute of limitation will not run against a true owner who is under a disability.

1. disability must exist at the beginning of adverse possession
2. do not tack

19

Acquisition by Gift Requirements

1. Intention
2. Delivery - constructive or symbolic

20

Constructive Delivery

handing over a key or object that gives access to gift

21

Symbolic Delivery

giving something (usually written) declaring a gift

22

Gift Inter Vivos

a gift between living persons

23

Gift Causa Mortis & Requirements

gift made on account of donor's impending death
1. Intent (can be inferred)
2. Delivery
4. If donor lives, gift can be revoked

24

Devise

transfer of property by will after a person's death