Study sets matching "property common law"

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Study sets matching "property common law"

29 terms
Property Law (Common Law Estates)
Possessory Estates
Present Interests
Future Interests
Fee Simple Absolute
1. Present interests... 2. Future Interests
Refer to estates where one has the right to possession now
Refer to estates where one has the right to possession, if at…
Largest estate known; can last forever, in principle; owner h…
Possessory Estates
1. Present interests... 2. Future Interests
Present Interests
Refer to estates where one has the right to possession now
71 terms
Common Law Property
Privity
Actual Notice
Adverse Possession
Adverse Possession under Color of Title
Legally recognized relationship
Direct knowledge of a fact such that a property to be acquire…
Gaining ownership by adverse possession by OCEANS: Open, Cont…
Adverse possessor comes to own property actually possessed un…
Privity
Legally recognized relationship
Actual Notice
Direct knowledge of a fact such that a property to be acquire…
16 terms
Common law concepts of property
Blackstone
Locke
White v Candler
Tolstoy
There is nothing which so generally strikes the imagination a…
The preservation of property being the end of government and…
Next to constitutional rights, they are the strongest interes…
Property is the root of all evil and suffering of men who pos…
Blackstone
There is nothing which so generally strikes the imagination a…
Locke
The preservation of property being the end of government and…
61 terms
Common Law Property
Marsh v State of Alabama, 1946 USSC [2…
Cadillac Fairview v RWDSU, 1989 ONCA […
London Borough of Southwark v Williams…
Local 1330 USWA v US Steel, 1980 F 2d…
Facts: M was distributing religious leaflets in a company tow…
Facts: R is trying to organize the workers at Eaton's in CF's…
Facts: A group of squatters entered homes owned by the munici…
Facts: USS is closing a plan that employs 3500 workers and is…
Marsh v State of Alabama, 1946 USSC [2…
Facts: M was distributing religious leaflets in a company tow…
Cadillac Fairview v RWDSU, 1989 ONCA […
Facts: R is trying to organize the workers at Eaton's in CF's…
Common Law Property
Landlord-Tenant ... American Rule
Landlord-Tenant... English Rule
Legal Possession
Holdover Tenant
Landlord not required to deliver actual possession... (Hannan)
Landlord required to deliver actual possession ... (Hannan)
Landlord is under a complete duty to deliver legal possession…
Tenant who remains on property after lease has expired... (Crech…
Landlord-Tenant ... American Rule
Landlord not required to deliver actual possession... (Hannan)
Landlord-Tenant... English Rule
Landlord required to deliver actual possession ... (Hannan)
5 terms
Marital Property - Modern Common Law
Main
Rights During Marriage
Rights Upon Divorce
Educational Degrees
Rights During Marriage, Rights Upon Divorce, Rights Upon Death
Prior Property, Policy(3)
Marital Property, Educational Degrees
Majority, NY Approach, Alternative Approach, Criticism(4), Ju…
Main
Rights During Marriage, Rights Upon Divorce, Rights Upon Death
Rights During Marriage
Prior Property, Policy(3)
GA- Property & Casualty Common Law
Anyone whose license or application ha…
Producers must report any change in th…
The state insurance code regulates all…
A person who solicits insurance on beh…
Five
30
The number of people that may serve on an insurer's board of…
Agent
Anyone whose license or application ha…
Five
Producers must report any change in th…
30
13 terms
Property Law Co-Ownership/common property
Co ownership
Rafique v Amin
Rafique v Amin (para 1075)
Usage of common property rules 1.
People who co-own, own the property pro indiviso. They own th…
Alterations and repairs are only allowed if all owners agreed…
For necessary repairs they can be carried out by one propriet…
Everyone may make use of the whole property
Co ownership
People who co-own, own the property pro indiviso. They own th…
Rafique v Amin
Alterations and repairs are only allowed if all owners agreed…
24 terms
GA Property and Casualty Common Law
An agent will be in violation of the l…
You must have completed your pre-licen…
You must apply for your license within
The insurance commissioner is a positi…
25% or more of the premiums collected
12 months of taking your pre-licensing examination
12 months of passing your pre-licensing examination
people of Georgia
An agent will be in violation of the l…
25% or more of the premiums collected
You must have completed your pre-licen…
12 months of taking your pre-licensing examination
5 terms
Criminal Property Crimes Common Law
Larceny
Embezzlement
False Pretenses
Robbery
Trespassery taking and carrying away of the personal property…
The fraudulent conversion of the property of another by one w…
A false representation of a material present or past fact whi…
Trespassery taking carrying away of the personal property of…
Larceny
Trespassery taking and carrying away of the personal property…
Embezzlement
The fraudulent conversion of the property of another by one w…
LAWS301 Common Law Concepts of Property
What is property?
Why do we care about property?
Personal Property
Real Property
Property is not a thing, it is the legal rights to that thing…
1. Liberal political philosophy: everyone ought to have a rig…
All property that is not real property. E.g. chattels
Land and interests in land. Subdivided into;... 1. Corporeal her…
What is property?
Property is not a thing, it is the legal rights to that thing…
Why do we care about property?
1. Liberal political philosophy: everyone ought to have a rig…
Property II: Common Law (All Units)
Estates, Concurrent Interests (Riddle,…
Estates, Concurrent Interests (Harms,…
Estates, Concurrent Interests (Delfino…
Estates, Concurrent Interests (Mackere…
A joint tenant may enfeoff himself in order to break a joint…
A mortgage taken by one joint tenant will not sever a joint t…
A court may only order a partition by sale if physical divisi…
Where there is no agreement to pay rent and no ouster of a co…
Estates, Concurrent Interests (Riddle,…
A joint tenant may enfeoff himself in order to break a joint…
Estates, Concurrent Interests (Harms,…
A mortgage taken by one joint tenant will not sever a joint t…
8 terms
Common Law/Traditional crimes against property
Larceny
Embezzlement
False Pretense
Receiving stolen property
.
.
.
.
Larceny
.
Embezzlement
.
49 terms
Georgia Property and Casualty Common Law KEY FACTS
25% or more of the premiums collected…
12 months
12 months
Elected by the people of Georgia
An agent will be in violation of the law against "controlled…
How long do you have to take your exam after you complete you…
How long do you have to apply for your license after you pass…
How is the insurance commissioner chosen?
25% or more of the premiums collected…
An agent will be in violation of the law against "controlled…
12 months
How long do you have to take your exam after you complete you…
Property Law
Remainder
Vested Remainder
Adverse Possession
Wild Animals
A future interest, in someone other than the grantor, that wi…
no condition precedent AND at time of creation of interest it…
Adverse/ Hostile... Continuous... Required Time... Exclusive... Claim of…
mere pursuit is not enough, need capture. Once captured, and…
Remainder
A future interest, in someone other than the grantor, that wi…
Vested Remainder
no condition precedent AND at time of creation of interest it…
Civil Law Property-- Common, Public, and Private things
(Article 448) Division of things
(Article 449) Common things
(Article 449) Common things are such as
(Article 450) Public things
common, public, and private; corporeals and incorporeals; mov…
may not be owned by anyone.
the air and high seas that may be freely used by everyone con…
are owned by the state or its political subdivisions in their…
(Article 448) Division of things
common, public, and private; corporeals and incorporeals; mov…
(Article 449) Common things
may not be owned by anyone.
27 terms
Property: Common law rules for future interest
Name the elements of the doctrine of d…
is the doctrine of destructibility a m…
when does the doctrine of destructibil…
What are the elements in the Rule in S…
a. (1) A legal (not in a trust) contingent remainder ... b. (2)…
minority
Applies at time of end preceding estate, not the day it's wri…
(1) If 1 instrument (deed will, or trust)... (2) creates a life…
Name the elements of the doctrine of d…
a. (1) A legal (not in a trust) contingent remainder ... b. (2)…
is the doctrine of destructibility a m…
minority
Property Law
Decedent
Escheat
Estate
Executor
person who dies
reversion of property to the state
bundle of ownership rights in, and powers over, realty; also,…
intestate's personal representative appointed to settle the e…
Decedent
person who dies
Escheat
reversion of property to the state
32 terms
Inchoate & Common Law Crimes against property
What is Attempt (what kind of crime)?
What are the ways to commit an Attempt?
What are the defenses to Attempt?
What does attempt merge with?
Inchoate- taking a substantial step towards the AR of a crime…
lying in wait, enticing vic to place of contemplated crime, r…
Legal impossibility
merges into the substantive crime
What is Attempt (what kind of crime)?
Inchoate- taking a substantial step towards the AR of a crime…
What are the ways to commit an Attempt?
lying in wait, enticing vic to place of contemplated crime, r…
Property Law
First Possession
Encourage Labor
Economic Maximization of utility
Democracy
Bright line rule still governs Intellectual Property. Creatio…
property rights conferred if work done by P to land
human happiness; tendency of people to improve or max value o…
redistribution of property
First Possession
Bright line rule still governs Intellectual Property. Creatio…
Encourage Labor
property rights conferred if work done by P to land
TX Personal Lines Property & Casualty - Section I & VI: Texas Common Law/Texas Property & Casualty Law
Agents represent
Shareholders might receive dividends f…
Policyholders might receive dividends…
You must notify the state upon change…
the insurer.
stock insurance company.
mutual insurer.
30 days.
Agents represent
the insurer.
Shareholders might receive dividends f…
stock insurance company.
53 terms
Property Law
Estate
Ownership
Possession
Lease
The net worth of a person at any point in time alive or dead.…
A person's legal right to possession of property which gives…
The control a person intentionally exercises toward a thing;…
A contractual arrangement calling for the lessee (user) to pa…
Estate
The net worth of a person at any point in time alive or dead.…
Ownership
A person's legal right to possession of property which gives…
138 terms
Property Law
Rule of Capture
manucaption
What can constitute possession of a wi…
Exceptions to rule of capture
pursuit alone doesn't establish possession... 1) deprive animal…
physical possession
manucaption (all jurisdicitons)... mortal wounding (Barbeyrac) (…
1) Trespassing (unless a man starts an animal on his own land…
Rule of Capture
pursuit alone doesn't establish possession... 1) deprive animal…
manucaption
physical possession
12 terms
LSU Civil Law Property: Common, Public, & Private Things
Common Things (Art. 449)... -Ownership?... -…
Public Things (Art. 450)... -Ownership?... -…
What is a Necessarily Public Thing? ... -…
What is an Adventitiously Public Thing…
(Art. 449) May not be owned by anyone. Examples: air & high s…
(Art. 450) Public things are those things owned by the state…
A thing that through legislation or constitutional declaratio…
Although by their nature they are alienable (could be owned b…
Common Things (Art. 449)... -Ownership?... -…
(Art. 449) May not be owned by anyone. Examples: air & high s…
Public Things (Art. 450)... -Ownership?... -…
(Art. 450) Public things are those things owned by the state…
15 terms
Law Common to Life, Disability, Property, Casualty: Commissioner
Insurance Commissioner
Scope of code
Public Interest
Insurance
elected for 4 years
all insurance and insurance transactions in this state, or af…
the business of insurance is one affected by the public inter…
a contract whereby one undertakes to indemnify another or pay…
Insurance Commissioner
elected for 4 years
Scope of code
all insurance and insurance transactions in this state, or af…
58 terms
Property Law
fee simple absolute
fee tail
per stirpes
the maxims of equity
Absolute ownership. The greatest interest that one can have i…
1) How to create: "To A and the heirs of his body"... 2) Disting…
the method of dividing an estate where a class or group of de…
1. One who seeks equity, must do equity. ... 2. Equity aids the…
fee simple absolute
Absolute ownership. The greatest interest that one can have i…
fee tail
1) How to create: "To A and the heirs of his body"... 2) Disting…
13 terms
Laws Common to Life, Disability, Property, Casualty
Scope of Code
Public Interest
Insurance
Insurer
all insurance and insurance transactions in this state, or af…
The business of insurance is one affected by the public inter…
a contract whereby one undertakes to indemnify another or pay…
as used in this code includes every person engaged in the bus…
Scope of Code
all insurance and insurance transactions in this state, or af…
Public Interest
The business of insurance is one affected by the public inter…
26 terms
Property Law
Mortgage
Advantage to buying a house
Equity
Advantage to buying a house
A written instrument by which the buyer (the mortgagor) pledg…
The ability to do with it as you wish without having to answe…
The difference between the fair market value and the mortgage…
You can deduct property taxes and interest paid on your mortg…
Mortgage
A written instrument by which the buyer (the mortgagor) pledg…
Advantage to buying a house
The ability to do with it as you wish without having to answe…
Property Law
Property
Real property
subsurface rights
plant life and vegetation
the set of rights and interests of a person or entity in rela…
immovable or attached to immovable land or buildings. include…
these are mineral rights to the earth located beneath surface…
these are considered real property until they are harvested.…
Property
the set of rights and interests of a person or entity in rela…
Real property
immovable or attached to immovable land or buildings. include…
common law vs georgia law (crimes against property)
larceny
embezzlement
false pretense
burglary
GA theft by taking
GA theft by conversion
GA theft by deception
GA burglary in the 1st degree
larceny
GA theft by taking
embezzlement
GA theft by conversion
property law
interest
fee simple ownership
life estates
defeasible
any right, claim, or priveldge an individual has with respect…
closest to absolute ownership, a type of freehold interest (d…
freehold interest (do not need to pay rent), exclusive posses…
can be terminated if certain conditions are not met
interest
any right, claim, or priveldge an individual has with respect…
fee simple ownership
closest to absolute ownership, a type of freehold interest (d…
32 terms
Property Law
Servitudes
Easement
Ways to create an Easement
Easement Creation by Express Agreement
Legal tools that increase or decrease the use rights of indiv…
A non-possessory interest in land involving a right of use. G…
1. Express Agreement... 2. Easement by Estoppel... 3. Easement Impl…
-Best Way: In Writing... -Requirements:... 1) In writing... 2) ID's gr…
Servitudes
Legal tools that increase or decrease the use rights of indiv…
Easement
A non-possessory interest in land involving a right of use. G…
Property Law - Owning Property
Adverse Possession
Actual Possession
Exclusive Possession
Open and Notorious Possession
An occupant acquires title to land by adverse possession if h…
must physically use the land in the same manner a reasonable…
The land cannot be shared with the true owner or general publ…
Visible and obvious so that if the owner made a reasonable in…
Adverse Possession
An occupant acquires title to land by adverse possession if h…
Actual Possession
must physically use the land in the same manner a reasonable…
Property Law
Future interest
Present interest
4 estates in land
Fee simple absolute
Once created by deed or will exists now in the present ; the…
Right to possess right now
1. Fee simple ... 2. Fee tail (abolished in TN)... 3. Life estate... 4…
Largest estate permitted by law: invests the holder of the fe…
Future interest
Once created by deed or will exists now in the present ; the…
Present interest
Right to possess right now
17 terms
Property Law
real property
personal property
Union Commercial Code
Statue of Frauds
land and anything permanently attached to it
all property, with the exception of real property, that can b…
a code of law (adopted in its entirety by all states except L…
a law that disallows any suit or action involving certain cla…
real property
land and anything permanently attached to it
personal property
all property, with the exception of real property, that can b…
93 terms
Property Law
Property
Real property
subsurface rights
plant life and vegetation
the set of rights and interests of a person or entity in rela…
immovable or attached to immovable land or buildings. include…
these are mineral rights to the earth located beneath surface…
these are considered real property until they are harvested.…
Property
the set of rights and interests of a person or entity in rela…
Real property
immovable or attached to immovable land or buildings. include…
124 terms
Property Law
General Rule for unowned property
Lost property
misplace property
finder's right of possession
First in time, first in right
property that has been inadvertently left
property that has been intentionally and voluntarily placed a…
Finder of lost property has the right of possession as agains…
General Rule for unowned property
First in time, first in right
Lost property
property that has been inadvertently left
51 terms
Property Law
Trespass (elements)
Trespass (defenses)
Right to exclude: Private Property
Right to Exclude: Public Property
a) unprivileged... b) intentionally... c) being on someone's proper…
a) Necessity... b) Consent... c) reclaimation
basically can exclude for any reason
a) reasonableness; too drunk, threatening others, etc.
Trespass (elements)
a) unprivileged... b) intentionally... c) being on someone's proper…
Trespass (defenses)
a) Necessity... b) Consent... c) reclaimation
14 terms
Property Law - Intellectual Property
Intellectual Property
(Copyrights) General
(Copyrights) Requirements
(Copyrights) Infringement exception: F…
Absent some special exception the law generally does not reco…
Serve utilitarian goal of promoting the progress of science a…
1. Originality: independently created, only minimal degree of…
Allows minor use of a CR work where the use does not material…
Intellectual Property
Absent some special exception the law generally does not reco…
(Copyrights) General
Serve utilitarian goal of promoting the progress of science a…
368 terms
Property law
Property law concept
Scots private law features
Sources of property law
Devolved Private law
Concerned with things (res) and with the rights (jus, jura).…
obligations (contract/delict)... persons (family)... actions (court…
Institutional writers... Common law... International instruments/EU…
Scotland Act 1998... s29(1)... sub 2
Property law concept
Concerned with things (res) and with the rights (jus, jura).…
Scots private law features
obligations (contract/delict)... persons (family)... actions (court…
MINNESOTA LAWS, RULES, AND REGULATIONS COMMON TO LIFE, HEALTH, PROPERTY, AND CASUALTY INSURANCE
Governor
enforce insurance laws
five years
the company being examined
Powers and Duties of Commissioner... Appoints the Commissioner…
Powers and Duties of Commissioner... The Commissioner is empowe…
Powers and Duties of Commissioner... The Commissioner shall exa…
Powers and Duties of Commissioner... When conducting an examina…
Governor
Powers and Duties of Commissioner... Appoints the Commissioner…
enforce insurance laws
Powers and Duties of Commissioner... The Commissioner is empowe…
175 terms
Property Law
Pierson v. Post
First in Time
Property
Tragedy of the Commons
The plaintiff was hunting with his dogs in a wasteland chasin…
When you simply the first to possess something that is unclai…
A bunch of separate doctrines, no unifying force. It is divid…
That each man is locked in a system that compels him to incre…
Pierson v. Post
The plaintiff was hunting with his dogs in a wasteland chasin…
First in Time
When you simply the first to possess something that is unclai…
42 terms
Property law
Three types of posessory interests in…
Lockmac Holdings Ltd v. Earle
Peters v. Peters
Semelhago V. Paramadevan
fee simple, life estate, leasehold estate.
Covenant between Earle and Ford, Earle sold to Lockman, Lockm…
three brothers in joint ownership of property couldn't decide…
B sells A house then says nvm. and A takes B to court and cou…
Three types of posessory interests in…
fee simple, life estate, leasehold estate.
Lockmac Holdings Ltd v. Earle
Covenant between Earle and Ford, Earle sold to Lockman, Lockm…
107 terms
Property Law
Ferae Naturae
Ratione Soli
Animus Revertendi
First in Time, First in Right
When you capture animals in wild, it's yours
By right of the soil anything on your land is yours
Disposition to return, person must return animal when it is c…
If you capture it first it is yours
Ferae Naturae
When you capture animals in wild, it's yours
Ratione Soli
By right of the soil anything on your land is yours
21 terms
Property Law
(Property)... Adverse Possession
(Property)... Implied Easement by Necessity
(Property)... Implied Easement by Implica…
(Property)... Implied Easement by Prescri…
1. Open and Notorious ... 2. Hostile... 3. Exclusive... 4. Continuous…
s
...
...
(Property)... Adverse Possession
1. Open and Notorious ... 2. Hostile... 3. Exclusive... 4. Continuous…
(Property)... Implied Easement by Necessity
s
Property Law
Freehold estate
Fee simple estate
Fee simple absolute estate
Tenancy in common
estate where a person owns a piece of property (as opposed to…
interest in real property that ends when a person dies, the i…
property interest does not revert back to the original owner
when multiple people own a single piece of property
Freehold estate
estate where a person owns a piece of property (as opposed to…
Fee simple estate
interest in real property that ends when a person dies, the i…
168 terms
Property Law
Bundle of Stick Theory
Externality
Jacque v. Steenberg Homes
State v. Shack
Each "stick" represents a certain right, but not all sticks a…
If one owner uses a portion of the property, the remaining ow…
Snow plow case; the right to exclude is one of the most essen…
Lawyers trying access migrant workers case; property owners m…
Bundle of Stick Theory
Each "stick" represents a certain right, but not all sticks a…
Externality
If one owner uses a portion of the property, the remaining ow…
93 terms
Property Law
Property
Real property
subsurface rights
plant life and vegetation
the set of rights and interests of a person or entity in rela…
immovable or attached to immovable land or buildings. include…
these are mineral rights to the earth located beneath surface…
these are considered real property until they are harvested.…
Property
the set of rights and interests of a person or entity in rela…
Real property
immovable or attached to immovable land or buildings. include…
9 terms
Property Law
Property
adverse possession
chattel
Intangible property
Anything that can be owned by a person or entity
A doctrine under which a person in possession of land owned b…
A catch- all category of property mostly associated with mova…
Property without a physical existence. Some intangible proper…
Property
Anything that can be owned by a person or entity
adverse possession
A doctrine under which a person in possession of land owned b…
Property Law Real Property
Adverse Possession
Real Covenant
"Residential Purposes" Covenant
"Bed and Breakfast"
The claim of ownership of land by possession that is exclusiv…
Private restriction on property that is contained in a convey…
Many covenants limit use of property to "residential purposes…
Courts are also divided as to whether use of the property as…
Adverse Possession
The claim of ownership of land by possession that is exclusiv…
Real Covenant
Private restriction on property that is contained in a convey…
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