what are rights?

- ___ the government is obligated to enforce
--> derived from the ___
--> different from ___ power
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Terms in this set (102)
*rights in our society* - no unreasonable search or seizurepersonal*rights in our society* - no double jeopardy or self-incriminationpersonal*rights in our society* - protection of life, liberty, & propertypersonal*rights in our society* - no taking property without compensationpersonal*rights in our society* - speedy, public, fair trialpersonal*rights in our society* - vehiclespersonal property*rights in our society* - household goodspersonal property*rights in our society* - stocks & bondspersonal property*rights in our society* - patentspersonal property*rights in our society* - softwarepersonal property*rights in our society* - musicpersonal property*rights in our society* - residencereal property*rights in our society* - airportreal property*rights in our society* - commercial buildingreal property*rights in our society* - government buildingreal property*rights in our society* - religious buildingreal property*rights in our society* - streets, railroads, bridges, etc.real property*rights in our society* - utilitiesreal propertyreal property: rights in 3 dimensions - ___ - ___ - ___subsurface, surface, buildable air spacereal property that formerly was personal propertyfixture*rules for identifying a fixture* manner of ___attachment*rules for identifying a fixture* - custom screens or storm windows - church pews - custom designed furniturecharacter of the article & manner of adaptation*rules for identifying a fixture* - dominant rule - customary assumptions of the realm example: kitchen appliances in a single-family residence vs. appliances in an apartmentintention of the parties*rules for identifying a fixture* - variant of rule of intention - trade fixtures of a commercial tenant (personal property) - fences & other agricultural improvements of a tenant farmer (personal property) - items installed by tenant in a residence (personal property)relation of the parties*importance of fixtures* - fixtures automatically go with the ___ property - you must be careful to ___ possible fixtures - you should explicitly state whether they ___ with the property or notreal, identify, stay*real property ___* any "bundle" or set of rights in real propertyinterests*real property interests* a real property interest that includes the right of exclusive possessionestate*real property interests* - easements - restrictive covenants - liensnon-possessory interests*ownership (freehold) estates* estates of ___ lengthindefinite*ownership (freehold) estates* ___ - all possible rightsfee simple absolute*ownership (freehold) estates* ___ - all rights, but revocable if specific condition is violatedfee simple conditional*ownership (freehold) estates* life estate with remainder interest - ___: created by the owner - ___: imposed by lawordinary, legal*modern leasehold interests* - for a specific period of time (few days to decades) - must be written if for more than one year (statue of frauds) - written lease contract governs entirelytenancy for years*modern leasehold interests* - no definite length of time - often by oral agreement - state law governs notice of terminationperiodic tenancyestablishes a more equitable relationship between landlords & tenantsresidential landlord & tenant actKey Aspects of the ___ 1. Leases 2. Security Deposits 3. Rent 4. Maintenance 5. Privacy 6. EvictionsLandlord & Tenant Act___ interests in land: - easements, liens, & restrictive covenantsnon-possessorythe right to use land for a specific and limited purposeeasementright of use a (dominant) parcel of land "enjoys" over an adjacent (servient) parceleasement appurtenant___ easements: ◦ driveway or access right-of-way ◦ sewer line ◦ drainage ◦ common wallaffirmative___ easements: ◦ light and air easement ◦ scenic easementnegative"___": rights and obligations are inseparableruns with the landeasement appurtenant involves a ___ parcel & a ___ parceldominant, servientright to use land, unrelated to any other parceleasements in gross ("Commercial Easements")example of ___: ◦ extract minerals or oil and gaseasements in gross ("Commercial Easements")example of ___: ◦build a roadeasements in gross ("Commercial Easements")example of ___: ◦ lay a pipeline, power line, or cableeasements in gross ("Commercial Easements")example of ___: ◦ run an irrigation ditcheasements in gross ("Commercial Easements")example of ___: ◦ place & maintain a billboard or communications towereasements in gross ("Commercial Easements")example of ___: ◦ harvest timber or cropseasements in gross ("Commercial Easements")example of ___: ◦ conservation easement for wetlands preservationeasements in gross ("Commercial Easements")example of ___: ◦ hunt, fish, snowmobileeasements in gross ("Commercial Easements")*exclusive or nonexclusive easement in gross* conveys all rights of the easement and recipient can convey access to othersexclusive*exclusive or nonexclusive easement in gross* rights limited to one user only and recipient cannot extend access to others - owner can convey access to othersnonexclusivesimilar to an easement in gross, but conveys permission rather than rightlicense*more easement concepts* - revocable - automatically terminated at the death of the grantor or sale of the landlicensecovenants that impose restrictions on land use and created at conveyance of land to a new ownerrestrictive covenants (deed restrictions)example of ___: ◦ setback lines, height restrictionsrestrictive covenants (deed restrictions)example of ___: ◦ minimum square footage (floor area)restrictive covenants (deed restrictions)example of ___: ◦ no freestanding structuresrestrictive covenants (deed restrictions)example of ___: ◦ no chain-link fencesrestrictive covenants (deed restrictions)example of ___: ◦ no RVs or boats visible from streetrestrictive covenants (deed restrictions)example of ___: ◦ required use of professional lawn carerestrictive covenants (deed restrictions)two methods of creation: 1. restriction in a deed conveying a ___ parcel of land to a new owner 2. restrictions imposed on an ___ subdivision at its creation -- a list of restrictions recorded as a separate document -- mutually binding on all purchasers in the subdivisionsingle, entirean interest in property as security for an obligationlien*type of lien* - usually a debtlienarise from events unrelated to the propertygeneral liens*type of lien* - court awarded damages - federal tax liensgeneral liensarise from ownership and use of the propertyspecific liens*type of lien* - mortgage - mechanics' lien - property tax, assessment or CDD lienspecific liensexample: a house with multiple owners • all share the right of exclusive possession • cannot obstruct each other's use • may hold different sizes of sharesforms of direct co-ownership*forms of direct co-ownership* ◦ default form except in special cases ◦ multiple owners of same fee simple interest ◦ each owner can sell or mortgage their interest ◦ can be different size shares ◦ bad form for owning an operating business ◦ not good for multiple investorstenancy in common*forms of direct co-ownership* ◦ defining characteristic: "right of survivorship" restricts inheritance to heirs of the last surviving owner ◦ difficult to create and easily disrupted ◦ prevented or restricted by law in some statesjoint tenancy*forms of direct co-ownership* ◦ joint tenancy for husband and wife ◦ simplifies effect of homestead if minor children are present ◦ protected against liens arising from either spouse alone, including judgmentstenancy by the entirety*forms of direct co-ownership* ◦ combines single ownership and tenancy in common ◦ created by condominium declaration ◦ bylaws define owner rights: -- share of all obligations -- restrictions on sale or rental -- methods of altering bylaws ◦ creates additional level of (private) government ◦ history of owners not understanding the restrictions and obligations*condominiumforms of direct co-ownership - tenancy in ___ - ___ tenancy - tenancy by the ___ - ___common, joint, entirety, condominium*cooperative housing* - ___ owns propertycorporation*cooperative housing* - each owner holds ___ & a proprietary ___ (no term & no rent)shares, lease*cooperative housing* - cannot ___ individual interestsmortgage*cooperative housing* - owner's mutually ___ for any specific liensliable*automatic ownership from marriage: early forms/current forms* ◦ automatic one-third life estate for a surviving spouse in real property of a decedent spouse ◦ common law roots (traditional English) ◦ dower is widow's claim; curtesy is widower's ◦ applies to all real property owned during the marriagedower/curtesyproblems with dower (widow's interest): ◦ life estate ___ ◦ much of modern wealth not in ___ propertyunmarketable, real*automatic ownership from marriage: early forms/current forms* ◦ one-half interest in all property acquired "out of the fruits of the marriage" ◦ not property owned before the marriage ◦ not gifts or inheritances to one spouse ◦ may include income from "separate" propertycommunity property*timeshare* range in "quality" of ___: ◦ condominium share ◦ leasehold ◦ licenseownership*timeshare* - choice of time ___ & choice of resorts - industry with a questionable ___intervals, history*timeshare* never a financial ___ ◦ note that the ___ has all the market informationinvestment, developer*timeshare* key is ability of organization to deliver enduring ___service*rights to oil, gas, & minerals* - rights carry implied ___ for removaleasement*rights to oil, gas, & minerals* - in some states, mineral rights imply ownership of the ___ minerals occupyspace*oil rights have two forms* oil is simply another mineralownership states*oil rights have two forms* oil flows & is not owned until removedlaw of capture states*oil rights* traditional "___" (if you could remove it, it was yours) is being limited due to extensive secondary recovery methodsrule of capture