Property Cheat Sheet (DRAFT) by unicornk

Mortal wounding (and continued pursuit) or securing the animal with a net or trap. Dissent: pursuer who is “within reach” and has ”reaso­nable prospect” of capture

Prop owners free to do lawful activities they want without any interf­erence from others

the first approp­riator of water for a beneficial purpose obtains a superior right

Common Law Right of Publicity – must prove: 1) Def used of ptf identity, 2) no consent, 3) def got adv 4) injury. Separately the charac­ter­istics mean very little but put together Vanna White’s identity is depicted. Dissent: Hurts public's creativity

Cheney bros only has a property right to the silks, not the designs. Allowing them copyright would allow for a monopoly on all seasonal patterns. Differ­ent­iates from INS v. AP because of freshness. News only good for a day, silk patterns good for months.

B and S must perform certain task before sale. Executory period: Period between contract and deed closing. Deed must be written instrument signed by party against whom enforc­ement is sought.

Oral agreement made btw. parties about sale of house. Hickey's pay deposit, sell their home. Green decides to sell to other buyer, Hickey's offer to match. Hickey sue for specific perfor­mance have Green's home sold to them. Holding: Oral land transfer may apply, even with no SOF, if buyers detrim­entally relied on validity of the contract.

H sells land to M. M discovers easement after sale. M sues H for breach of GWT. Holding: No breach, zoning violations and *

D buys house from J. J finds additional damage after asking for disclo­sure. Holding: Can't lie about problems fraudulent misrep­res­ent­ation: LL must know, lied, intended to induce action.

B and S must perform certain task before sale. Executory period: Period between contract and deed closing. Deed must be written instrument signed by party against whom enforc­ement is sought.

Oral agreement made btw. parties about sale of house. Hickey's pay deposit, sell their home. Green decides to sell to other buyer, Hickey's offer to match. Hickey sue for specific perfor­mance have Green's home sold to them. Holding: Oral land transfer may apply, even with no SOF, if buyers detrim­entally relied on validity of the contract.

H sells land to M. M discovers easement after sale. M sues H for breach of GWT. Holding: No breach, zoning violations and *

D buys house from J. J finds additional damage after asking for disclo­sure. Holding: Can't lie about problems fraudulent misrep­res­ent­ation: LL must know, lied, intended to induce action.

No disc. on basis of Race in sale or rental of Property

Roomma­te.com allowed for prefer­ences: Race, gender, Orient­ation. FHC sued for FHA violation. Holding: FHA does not apply to personal relati­onships within a home.

Subsequent purchaser who record first prevails. (Actual knowledge of prior purchase irrele­vant.

Subsequent purchaser in good-f­aith, without notice. and who records first. Constr­uctive notice is presumed if mortgage recorded, or at time of subsequent mortgage.

Name spelled wrong on deed, Bolan not Bolen. Applic­ation of idems sonams(sounding the same) does not apply. Holding: deed only applies if it is recorded properly.

Guy takes out two mortgages, one from Argent, one from Wach. Holding: Florida has notice statute. Argent wins b/c Argent never received notice of the new mortgage.

Belongs to first finder unless true owner returns.

First finder has posses­sion. Must be volunt­arily relinq­uished by the true owner.

Finder's rights are better than everyone except true owner.

Embedded = goes to property owner

Implied bailment formed because single exit, attendant, and ticket. Bailment for hire.

Use of land like normal owner

Treat like private property

Visable so puts owner on notice

Claim can be brought after SOL if claimant is mentally incomp­etent, minor, or impris­oned. Owner must be competent when AP begins. Disability time is 10 yrs after disability removed.

Dispute over strip of land parallel to the Morgan's driveway. Morgan's were able to tack previous owner's adverse possession onto theirs to satisfy SOL

No facts. Maine doctrine: subjec­tive, bad-faith. Majority: mistaken posses­sio­n=claim of right.

Dispute over rent at a mobile home park. Parents held 7/8ths Child 1/8th Holding: In a In TIC, a cotenant does not owe rent to other cotenants unless he has agreed to pay rent or ousted them from the property.

Court orders sale of jointly owned property. Does not require agr. from all parties. Requires party to show that Part. in Kind is imprac­tical and sale better promotes the interests of the parties. (Happens more in practice)

Each tenant holds an undivided whole in the property. Right of surviv­orship - Conveys to joint tenant in event of one JT death.

An act that destroys one of the 4 unities, become TIC

Four unities + Marriage, Right of Surviv­orship, both spouses need to consent to any transfers, you cannot unilat­erally sever

Settlor: creates and funds the trust, provides instru­ctions for use/di­spo­sition of property Trustee: has legal title to the corpus; manages it according to the settlor’s instru­ctions Benefi­ciary: has equitable title to the corpus; entitled to receive benefits from the corpus according to the settlor’s instru­ctions, but has no right to manage the corpus

Loyalty: To bene. interests. Prudence: in managing trust assets. Obedience: to settlors instru­ctions.

Conveys non-fr­eehold estate. Two interest: LL, ownership - Tenant: Excl. Posses­sion, use, occupancy

a type of real property that you have a limited right to use or occupy but don't own

Tenancy at will "­Rem­ainder of one's lifetime, is not a fixed period." Ruling: No fixed period: Automa­tically a tenancy at will

Julian leases restau­­rant, pub, and apartment from Chris. Julian tries to sublet apartment. Landlord tries to get additional monies. Holding: Absent CLEAR STATEMENT on lease that LL can withhold consent for subleases, LL cannot restrict alienation of property. (Minority position)

Def. has business meeting in basement apt. she leases. Major water leakage issue. Def. has to vacate property. Ptf. sues for back rent. Holding: Def. C.E., serious interf­erence with with expected use

Hilder rented apt. that had major issues with plumbing and window­s/lock. LL promised to fix but never did. Holding: All reside­ntial leases carry with them an implied covenant that the dwelling is safe, clean, and fit for human habita­tion. T does not need to vacate, they can withhold rent, deduct cost to fix from rent, or sue for damages.

Ambiguous will, the court will interpret the common word interp­ret­ation. FS assumed and full interests.

Child sues mom for trying to tear down barn on property. Argues that it has sentim­ental value. Holding: Barn tear down raised value so cannot be waste. Maj: Amelio­rative waste is not waste

Hologr­aphic wills. Devised to other spouse. Did Lola get a FS or a life estate? Presum­ption of FS.

benefits another piece of land - rights transfer when property transfer

land that owns/uses easement

will run w land if it is 1) written 2) gives notice to servient estate holder 3) intended to run w land

1) common ownership and transfer separating ownership, 2) before severance owner used part of the united parcel for benefit of another part (obvious, apparent, contin­uous, permanent) 3) must remain necessary for reasonable use

1) knowing permis­sion, 2) reasonable reliance, 3) time and $ spent on improv­ements w licensor's knowledge

Thomas says no necessity easement bc Primus could buy one from another property owner. Court says Primus gets necessity easement bc do not need to exhaust all other options in order to get necessity easement.

Strollo wanted necessity easement widened. Crt says no - necessity easement only for reason­abl­e/b­ene­ficial use not most profitable use

Taylor got estoppel easement = had permis­sion, improved road, used easement to construct house

No actual injury from violating scope of express easement, only $1 damages awarded. Crt can choose injunction or damages for equitable remedy such as: 1) burdens of domina­nt/­ser­vient estate 2) use of property for easement the same

Failing to act, failing to take care of property

Waste that improve value of the property. See Woodrick

Mr. enrolled in med school, supported by Mrs., who put off her own education. Mr. gets med. license - > Divorce. Check I think slides are wrong

Third party has a future interest. "To B so long as it is used as X, then to C"

Will not change. "O to A for life, then to B."

"O to A for life, then to B, but if B does X, then to C"

1. Intent­ional: simply intend to engage in the action in question. 2. Non-Tr­esp­assory: can’t involve going on other's land. 3. Unreas­onable: this is key issue, courts apply one of three general tests for determ­ining reason­abl­eness. 4. Substa­ntial interf­erence: real invasion of interests, not minor interf­erence. 5. Use and Enjoyment of the land: damage to other’s land or personal injury.

Golf. Nuisance by golfer's (noise, golf balls, forced to be quiet.) Weigh Utility of defendants conduct vs. quantum of harm to Ptf. Second restat­ement Remedy: Injunction

Spur has large feedlot that smells bad. It is a public nuisance but DW knew about it before selling Res. lots. Did not inform residents. Ruling: Feedlot must move but DW must pay for the move. Coming to nuisance if resident is aware of nuisance before moving then they cannot have relief.

Real Covenant

a promise concerning use of land that benefit and burdens both original parties to promise and their successors (remedy for breach = damage­s/i­nju­nction)

benefit

right to enforce the promise

Equitable Servitudes

Like covenant but no privity or writing required. For burden to run need: 1) intent 2) notice 3) touch and concern. Can be in writing or implied in certain cases. Remedy for breach = injunction

UK privity (landlord tenant) not satisfied to uphold covenant, so said intent of original covenant clear and Moxhay has notice, so equitable servitude used to bind Moxhay

McLean built gas station on property. Crt says violate covenant that restricts use of land - even tho covenant not expressly written in their deed, it was written in surrou­nding homes' deed and McLeans should have been on notice of common plan of develo­pment

Court says not enforce restri­ctive covenant where 1) fundam­ental change has occurred in intended character of neighb­orhood that 2) renders benefit of restri­ction useless

Types

HOAs, Condos, Co-ops

"­Rea­son­abl­eness Standa­rd"; Narhstedt

Hidden Harbour v Norman (no alc in common area)

Rules by condo associ­ation are considered reasonable if it "­pro­motes the health, happiness and peace of mind of maj of unit owners­". Rule considered unreas­onable if arbitrary and capric­ious, which is worse than nuisance. Policy: much deference to condo associ­ation bc expect­ation ppl buy condo to give up freedom for condo benefits

Crt holds it reasonable to ban pets, unreas­onable for board to have to ind review every person's pet. CC&Rs usually only declared invalid if rule is 1) wholly arbitrary 2) hurt consti­tut­ional right 3) violate public policy

Business judgment permits corps in business settings to act in its own best interests; gives deference to actions of co-op board unless the board acts outside of authority, don't further purpose of co-op, bad faith

Euclid zoning is consti­tut­ional. Reside­ntial or non-co­mme­rcial zoning ordinances are valid so long as they are not arbitrary and unreas­onable or w/o connection to gen welfare. Power to enforce zoning ordinances comes from police pwr of city/s­tate.

Kelo v New London (Physical Taking)

Eminent domain allowed even if sold to private property since purpose is to promote public welfare w new job creation and inc tax revenue. Gives deference to state legisl regarding eminent domain.