Study sets matching "property law 1"

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Study sets matching "property law 1"

11 terms
Property Law 15-1
Property
Real Property
Personal Property
Intellectual Property
tangible and intangible things and their corresponding legal…
(also called realty) land, water, and minerals in the earth;…
tangible, movable property and intangible property
purely intangible personal property that one cannot touch or…
Property
tangible and intangible things and their corresponding legal…
Real Property
(also called realty) land, water, and minerals in the earth;…
T1 Property Law
Property law different meanings:
'Property' can refer to:
Colloquial example of 'Property'
Technical legal sense example of 'Prop…
Colloquial ... Technical legal sense
Right of ownership ... Legal object ... Legal relationships
The real estate agent agreed to show us the property
That umbrella is my property
Property law different meanings:
Colloquial ... Technical legal sense
'Property' can refer to:
Right of ownership ... Legal object ... Legal relationships
13 terms
Possession - Property Law 1
Possession
Right of a person in possession
Spuilzie
Gemmel v Bank of Scotland
It doesn't create rights on its own but it does in combinatio…
Not to be dispossessed of it by consent or court order
Pronounced Spoolie - Delict - Unlawful dispossession - being…
Person lived in and owned house, but after falling behind in…
Possession
It doesn't create rights on its own but it does in combinatio…
Right of a person in possession
Not to be dispossessed of it by consent or court order
58 terms
Property Law 1
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…
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…
Property Law 1 - What is Property Law?
What is Property Law?
Distinguish between two types
Two types of tangible objects
Contract law rights
The Law of things
Tangible (corporeal) Intangible (Incorporeal)
Immovable Movables
with one other party
What is Property Law?
The Law of things
Distinguish between two types
Tangible (corporeal) Intangible (Incorporeal)
Property Law: 1/21
2 types of property
Real
Personal (personalty)
Intangible - personal
-Real... -Personal
-land and anything permanently attached to land... -Real estate,…
-Includes everything that isn't real property... -Does not mean…
Conceptual in nature... Ex: intellectual property (copyrights, p…
2 types of property
-Real... -Personal
Real
-land and anything permanently attached to land... -Real estate,…
Property Law Test 1
What is part of real estate?
riparian water rights
prior appropriation
personal property
the land and things attached to it
sharing
prior beneficial use
possessions, animals, resources severed from estate, treasure
What is part of real estate?
the land and things attached to it
riparian water rights
sharing
Ch. 1 Real Property & The Law
accession
air rights
air rights
annexation
Acquiring title to additions or improvements to real property…
The right to use the open space above a property, generally a…
May be sold or leased independently, provided the rights have…
The process of converting personal property into real propert…
accession
Acquiring title to additions or improvements to real property…
air rights
The right to use the open space above a property, generally a…
36 terms
Property Law semester 1
Lindsay v Milne
Lothian Border Farmers v McCutcheon
Rodger v Fawdry
Wallace v Simmers
deceased not present during 2nd signing so reduction based on…
someone bought property and discovered lease (so couldnt move…
A concluded missives with B (could not produce money) so then…
daughter had contractual right to live rent free for life. ... n…
Lindsay v Milne
deceased not present during 2nd signing so reduction based on…
Lothian Border Farmers v McCutcheon
someone bought property and discovered lease (so couldnt move…
Property Law 1-4
Property Law
Nemo Dat
Nemo Plus
Tangible (Corporeal)
'The law of things' ... Laws effectuated towards unspecified gro…
No one can give what he does not have
No one can give more than he owns
Something you can touch (Immovables and movables)
Property Law
'The law of things' ... Laws effectuated towards unspecified gro…
Nemo Dat
No one can give what he does not have
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
47 terms
Property Law Chapter 1
Five Theories of Property
Protect First Possession
Encourage Labor
Maximize Societal Happiness
1. Protect First Possession... 2. Encourage Labor... 3. Maximize So…
Theory of property involving first come first serve, offers a…
Comes from the view of John Locke that each person is entitle…
Utilitarian theory, developed by Jeremy Bentham, recognize pr…
Five Theories of Property
1. Protect First Possession... 2. Encourage Labor... 3. Maximize So…
Protect First Possession
Theory of property involving first come first serve, offers a…
Property Law Chapter 1
Real Property
Personal property (chattels or goods)
tangible personal property
intangible personal property
generally land and anything permanently attached to it. gover…
includes living and inanimate objects. separate rules govern…
has physical substance, is moveable
rights that have no physical existence but represent control…
Real Property
generally land and anything permanently attached to it. gover…
Personal property (chattels or goods)
includes living and inanimate objects. separate rules govern…
1) Property Law
What two categories can property be cl…
What is real property?
What is personal property? (broken dow…
When personal property is not acquired…
1) real... 2) personal
property fixed to once specific location such as land, buildi…
1) tangible property: furniture, equipment, automobiles, et…
1) taking possession of property not owned (catching a wild a…
What two categories can property be cl…
1) real... 2) personal
What is real property?
property fixed to once specific location such as land, buildi…
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…
Property 1 law
Causa mortis
Inter vivos
Fee simple
Life estate
Beacuse of death
During life
Full ownership
Right to use during a lifetime (usually estate holder life)
Causa mortis
Beacuse of death
Inter vivos
During life
Property Law 1
Property rights
Personal rights
Two tests used to qualify a right as a…
principle of numerus clausus
• Erga omnes ('against the world').... • Right to follow and rig…
Not effective erga omnes but only inter partes.... • Personal du…
a) Principle of numerus clausus... b) Principle of transparency
• Number and content of property rights.... • The way in which t…
Property rights
• Erga omnes ('against the world').... • Right to follow and rig…
Personal rights
Not effective erga omnes but only inter partes.... • Personal du…
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
Property Law Quiz 1
What is required to successfuly advers…
FSD Language vs FSSCS Language
Fee Simple Determinable
Fee Simple Absolute
Actual Possession: Physical Presence on the land, Improve lan…
FSD - "as long as"... FSSCS - "provided, however" and "grantor m…
Provision states that the estate shall AUTOMATICALLY end on t…
Highest form of ownership, property owned absolutely, with no…
What is required to successfuly advers…
Actual Possession: Physical Presence on the land, Improve lan…
FSD Language vs FSSCS Language
FSD - "as long as"... FSSCS - "provided, however" and "grantor m…
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
Property Law 1 FCSL
What are the four classic "incidents"…
What does incidents mean?
What does alienation mean?
Real property
1. Possession... 2. Use... 3. Alienation... 4. Exclusion
The rights that a property owner has in an object
The transfer (by sale or gift) of property
ownership of land and things, like buildings, that are physic…
What are the four classic "incidents"…
1. Possession... 2. Use... 3. Alienation... 4. Exclusion
What does incidents mean?
The rights that a property owner has in an object
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…
21 terms
Chapter 1 - Introduction to the Law of Real Property
real property
fixture
riparian rights
appropriation
real property is land and things such as buildings that are p…
item of personal property that becomes real property because…
rights of the owners of lands adjoining streams, rivers, and…
in regard to water law, doctrine stating that water belongs t…
real property
real property is land and things such as buildings that are p…
fixture
item of personal property that becomes real property because…
23 terms
Property Law 1
Types of Covenants?
Covenant of Seisin
Covenant of Right to Convey
Covenant against Encumbrances
seisin ... warranty ... future assurances... right to convey... encumbran…
Promise that the grantor owns the interest that the deed purp…
Promise that the grantor has the right to convey the interest…
Promises that the grantee that there are no encumbrances affe…
Types of Covenants?
seisin ... warranty ... future assurances... right to convey... encumbran…
Covenant of Seisin
Promise that the grantor owns the interest that the deed purp…
Property Law Part 1
Maori Freehold Land
Maori Customary land
Crown Land
Equitable interest
Registration required
No registration required
No registration required
Not indefeasible; can be defeated by bona fide purchaser for…
Maori Freehold Land
Registration required
Maori Customary land
No registration required
1. Real Property & the Law
T or F: Land if defined as the earth's…
T or F: Real estate is defined as land…
T or F: Real property is defined as th…
T or F: Real property is the legal rig…
FALSE
FALSE
FALSE
TRUE
T or F: Land if defined as the earth's…
FALSE
T or F: Real estate is defined as land…
FALSE
6 terms
Property law (Chapter 1 to 3)
International -Public law
International - Private law
Domestic - Public law
Domestic -Private law
Def: Branch of a law governing legal relations between states…
Def: Branch of law governing legal relations between national…
Def: Branch of law governing legal relations between the stat…
Branch of law governing legal relations between citizens of t…
International -Public law
Def: Branch of a law governing legal relations between states…
International - Private law
Def: Branch of law governing legal relations between national…
23 terms
Unit 7 Reading 1: Real property law
chattels
conveyance
deed
estate pur autre vie
personal property (excluding freeholds)
transfer of property rights in land from one person to another
a written instrument transferring ownership in property
estate granted only for the life of someone other than the gr…
chattels
personal property (excluding freeholds)
conveyance
transfer of property rights in land from one person to another
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…
34 terms
Test 1- Real Property Law
Adam Smith Theory of Property Rights
Tragedy of the Commons... (group ownership)
Tragedy of the Commons... (private proper…
Community property
- Human beings are natural maximizers. ... - Desire to get thing…
Commons: Group Ownership... -Leads to inefficient use of resourc…
-More efficient use of property... -Greater internalization of e…
Property acquired during the marriage is owned jointly by bot…
Adam Smith Theory of Property Rights
- Human beings are natural maximizers. ... - Desire to get thing…
Tragedy of the Commons... (group ownership)
Commons: Group Ownership... -Leads to inefficient use of resourc…
56 terms
Int. Property Law ch. 1
Innovation occurs when humans exercise…
Innovation disrupted when:
Innovation Made Available by. . .
Economic Models for Innovation
Ideas are them floated in a social system disbursing the idea…
-Creative people lack access to information... -New knowledge is…
-Purchase... -License... -Freely... -Eventually winds up in the public…
-Private management of resources ... -Efficient access to capita…
Innovation occurs when humans exercise…
Ideas are them floated in a social system disbursing the idea…
Innovation disrupted when:
-Creative people lack access to information... -New knowledge is…
14 terms
Real property law 1
real property
distinct
immovable property
movable property
nieruchomość
1. odmienny, różny... 2. wyraźny, widoczny
nieruchomość
ruchomość, mienie ruchome
real property
nieruchomość
distinct
1. odmienny, różny... 2. wyraźny, widoczny
Property Law A - Topic 1
Lord Bernstein of Leigh v Skyviews & G…
Davies v Bennison
Kelson v Imperial Tobacco
Graham v KD Morris & Sons Pty Ltd
Aerial photos.... Griffith J: is necessary for the ordinary use…
If established (necessary height for use/enjoyment), can brin…
Sign overhanging shop.... Deemed trespass, granted injunction.... E…
Airspace rule extends to cranes
Lord Bernstein of Leigh v Skyviews & G…
Aerial photos.... Griffith J: is necessary for the ordinary use…
Davies v Bennison
If established (necessary height for use/enjoyment), can brin…
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…
53 terms
Property Law - Land Semester 1
Estate
Estate in fee simple
Equitable interests in land
Contract for the transfer of property…
A particular configuration of rights. Own not the land, but a…
A bundle of rights that includes right to possession, and is…
1. Land can be held on trust: express trust (Spencer v Spence…
Equitable title. Can caveat to protect this.
Estate
A particular configuration of rights. Own not the land, but a…
Estate in fee simple
A bundle of rights that includes right to possession, and is…
17 terms
Bus. Law - Personal Property 8.1
Personal Property
Real Property
Tangible Personal Property
Intangible Personal Property
Is everything, other than real property, that can be owned
is land and anything connected to it, including buildings, th…
Is property that has substance and can be touched
Property that has no substance and cannot be touched such as…
Personal Property
Is everything, other than real property, that can be owned
Real Property
is land and anything connected to it, including buildings, th…
63 terms
Chapter 1: Real Property and the Law
Land
Yes. It refers to things that are natu…
Real Estate
Improvement
The Earth's surface extending downward to the center of the E…
Does land include the underlying soil? Anything else?
Land at, above, and below he Earth's surface, and all things…
Any artificial thing attached to land, such as a building or…
Land
The Earth's surface extending downward to the center of the E…
Yes. It refers to things that are natu…
Does land include the underlying soil? Anything else?
32 terms
Ch. 1 Real Property & The Law
accession
air rights
air rights
annexation
Acquiring title to additions or improvements to real property…
The right to use the open space above a property, generally a…
May be sold or leased independently, provided the rights have…
The process of converting personal property into real propert…
accession
Acquiring title to additions or improvements to real property…
air rights
The right to use the open space above a property, generally a…
Family Property Law - Quiz #1
392
393
394
395
-Same rights and obligations in marriage.... -Respect, fidelity,…
-Spouses retain their respective names... -Exercise civil rights…
Together take in hand: ... -moral and material direction of fami…
-Spouses choose family residence together.... -In the absence of…
392
-Same rights and obligations in marriage.... -Respect, fidelity,…
393
-Spouses retain their respective names... -Exercise civil rights…
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…
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…
31 terms
Chapter 1 Real Property & the law
Land
Real Estate
Improvement
Real Property
The earths surface extending downward to the center of the ea…
Is defined as land at above and below the Earth's surface and…
Is any artificial thing attached to land such as a building a…
Is defined as the physical land a real estate plus the intere…
Land
The earths surface extending downward to the center of the ea…
Real Estate
Is defined as land at above and below the Earth's surface and…
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
77 terms
Property 1 - Fall 2015 SD Law
Acquisition by Discovery
Acquisition by Capture
Acquisition by Creation
Right of Publicity
Johnson v. M'Intosh... The finding of unknown or uncharted prop…
You must have actual possession, or else constructive possess…
Feist v. Rural Telephone ... Art/Copy write/... Some degree of crea…
...
Acquisition by Discovery
Johnson v. M'Intosh... The finding of unknown or uncharted prop…
Acquisition by Capture
You must have actual possession, or else constructive possess…
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…
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 lecture 2.1
What is property?
PR
Interference
Protection interference
• Can find the definition in the civil code
special rights that affects third parties (people outside the…
you don't have any power on the good/land
The state should guarantee property rights. The state can dep…
What is property?
• Can find the definition in the civil code
PR
special rights that affects third parties (people outside the…
8 terms
M10A1 Business Law 3.04 Intellectual Property Law
Copyright
Doctrine of Fair Use
Intellectual property
Patent
is a right granted to the creators of artistic works, such as…
permits the use of copyrighted information without permission…
is product resulting from human creativity; an original work…
is a right granted to inventors of useful, unique, and non-ob…
Copyright
is a right granted to the creators of artistic works, such as…
Doctrine of Fair Use
permits the use of copyrighted information without permission…
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