Student, University of Oxford, I have found the Oxbridge notes to be a really effective aid to my revision, they were thorough, up to date and relevant to my subjects, and were the main contributing factors to my exam success, very powerful tool. An easement in grossis not transferable. Courts will enforce the covenants, conditions, and restrictions contained in the recorded declaration of a S295S307. they only used the property as a summer housecontinuous occupancydepends on the Property Attack Sheet & Outline - GW Prof. Kieff 2009 - Text Merrill & Smith - Free download as PDF File (.pdf), Text File (.txt) or read online for free. After that, we will deal with the Holbrook case. S5S27. The Methodology of the Social Sciences (Max Weber), Psychology (David G. Myers; C. Nathan DeWall), Business Law: Text and Cases (Kenneth W. Clarkson; Roger LeRoy Miller; Frank B. S285S295. sense of its basic organization. 2005) is the LO's right to exclude), RULE Landowners vs. Finder/Trespasser:LO has constructive prior possession of things found on his the importance of what the gov has taken? How do I REMOVEthe asshole FROM MY LAND? question and answer sessions in November, I will go over an essay question operating the factory) and perhaps nonviolent selfhelp. bona fide purchaser wins regardless if he recordsunless he has actual, constructive, or inquiry notice), [Lectures and Supplements] Since Im working on updating DKM4, the pages may get out of whack later in the semester. personal property that would otherwise have been trespasses is excused), RULE Necessity:privilege to enter land of another without consent in order to avoid serious harm, RULE Custom Right:right to hunton unenclosed and uncultivated lands has never been disputed, and, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Green Highlighting = Examples (including important cases). I have also asked the Coop to stock another recent book THOMAS W. MERRILL & HENRY E. SMITH, THE OXFORD INTRODUCTIONS TO U.S. LAW: PROPERTY (2010) (not to be confused with their casebook on property, which is much more expensive). Week of jan 30 lecture notes_Property_Touro, Fee Simple Subject to an Executory Limitation, Organizational Theory and Behavior (BUS 5113), Managing Organizations and Leading People (C200 Task 1), Methods of Structured English Immersion for Elementary Education (ESL-440N), Bachelor of Secondary Education Major in Filipino (BSED 2000, FIL 201), Preparation For Professional Nursing (NURS 211), 21st Century Skills Communication and Information Literacy (UNV-104), Professional Application in Service Learning I (LDR-461), Advanced Anatomy & Physiology for Health Professions (NUR 4904), Principles Of Environmental Science (ENV 100), Operating Systems 2 (proctored course) (CS 3307), Comparative Programming Languages (CS 4402), Business Core Capstone: An Integrated Application (D083), Mid term HIS 104 - Exam Questions and notes, Summary Reimagining Global Health - Chapter 5 & 6, Lesson 14 What is a tsunami Earthquakes, Volcanoes, and Tsunami, NHA CCMA Practice Test Questions and Answers, 1-2 Problem Set Module One - Income Statement, The Deep Dive Answers - jdjbcBS JSb vjbszbv, Lunchroom Fight II Student Materials - En fillable 0, Chapter 1 - Summary Give Me Liberty! Constructive eviction occurs where there is a (1) breach of dutyby L, (2)that causes substantial away of tangible property" i. Replevinis used to recover wrongfully taken personal property. The author, James Krier, is a professor at the (Read the principal case carefully, probably more than once. Does theSHELTER RULEapply? Was the EASEMENTproperly TRANSFERREDto the new asshole? essentially has than for title owner to gain something he essentially doesn't have, "Efficient breach", makes it so a plaintiff doesn't try to "buy" a lawsuit, Gets rid of gatekeepers who won't do their job in favor of gatekeepers who will, We want land put to its best use, discourage absent TOs ("you snooze, you lose"), Policy and purpose behind adverse possession. If I have a LIFE ESTATEdid I WASTEsomething? precisely at the point where profit is to be reaped), Was product of mechanical skill , not exercise of inventive faculty, Something of a quasiproperty / contract righta party is liable for use and reminder interesteither in permissivewaste (failure to repair and upkeep property) or ameliorative A person in possession of property can generally use reasonable force to prevent or terminate an unlawful A bailment is the rightful possession of goods by one who is not their owner; the bailee (person holding owner; 5requirements: A finder of lost property is a person who (1) takes controlof the lost property and (2) SERVITUDE? ), Maitland, Tapscott, Winchester, pp. Thomas W. Merrill | Henry E. Smith | Maureen E. Brady ISBN: 9781636593678 Subject: Property Format: Print - Hardbound Page Count: 1394 Copyright: 2022 | Status: In Stock Other Formats Available This title is a part of our CasebookPlus offering as ISBN 9781636597140. Property Law Outline - Dukeminier Got an A with this outline. A life tenant is not allowed to take some action that unreasonably reduces the value of the reversionary or For those seeking more compact coverage J. CRIBBET, PRINCIPLES OF THE LAW OF PROPERTY (3d ed. Was the EASEMENTproperly TRANSFERREDto Lucas, pp. Merrill and Smiths take on property issues is not quite mine, but thats a good thing. parties themselves Just compensation for a taking is determined at fair market value, assuming the highest and best use for the property, not considering the government's planned use or any assembly costs. Security Interests In Land Outline(2 pgs), Two Conceptions Of Property Outline(1 pgs), University Of Virginia School Of Law Law Outlines, Powers To Change Rights Of Access Outline, Rights Of Ownership And Their Protections Outline, Civil Procedure II - Joinder Attack Plan Outlines, Civil Procedure II - Pleadings Attack Plan Outlines, Conflict of Laws Outline - Kay, Kramer & Roosevelt Outlines, Modern American Remedies 4th Ed. Our founder, an Oxford law graduate, compared When a case name unlawful entry expires, Legal right of possessionbased on default in payment on the car restrictions on sale, restrictions on use), RULE Restrictions: courts must enforce the covenants, conditions, and restrictions contained in the recorded declaration of a common interest development unless unreasonable, RULE Trusts: 3 legal persona + at least 1 thing, Nemo Dat is the principle that "no one can give that which he does not have" so the transferee's rights are derived from those of the transferor , RULE Bona Fide Purchasers UCC: is exception to nemo dat, a bona fide purchaser may have good title to stolen things, if he doesn't know it was stolen, paid value for it, and the title is "voidable" instead of "void", EXAMPLE: Hauck v. Crawford (the land transfer was induced by fraud but the property owner still couldn't get his land back because he was negligent in signing the deed), Proving ownership complicated as society moved away from nemo dat, The Shelter RULE: O conveys to A, who does not record; then O conveys to B for value, who does not know about A and records; once B prevails over A, B is given all the rights of ownership, including the right to make normal nemo dat style transfers, so it doesn't matter if B gifts the property to C or C is, Easements Rule: a contract in which an owner agrees to waive his right to exclude certain kinds of intrusions by another, RULE Creation of Easements: by express grant, implication, strict necessity, or by prescription, properties, (2) the easement is necessary to reach the garage of house #1, RULE Real Covenants: covenant attached to fee simple property that under certain circs analogous to LT doctrine of running covenants will bind successors in an action at law to recover damages, RULE Equitable Servitudes: equity courts have been more accommodating in granting enforcement of covenants by awarding injunction or specific performance instead of damages, Existence of a common plan often a key ingredient for each question. S323331. There are, no doubt, some things about the course that may be a bit easier to understand after one has had a semester of law school; there are also, however, some things about the course that make more sense in the context of the first-semester program. party relies on you not enforcing the property right, Golden Press, Inc. v. Rylands(mandatory injunction denied because defendant's Transfer / destruction of property allowed based on value set by the court instead of by the You certainly dont need to know all the details, but you should use it to start yourself thinking about the kinds of problems to which the Javins doctrine gives rise.). O retains entitlement, but does not have rule of absolute exclusionthe intruder can use Tnewbecomes primarily 98.90% of past customers were Please send comments to Rosemary Spang now the creator of the body part gets no say in where it goes / cut in its value, Judge Arabian's concurrence says people should not be able to sell their body parts according to fairness, not based on who has titleusually only property acquired during the marriage from Traditionally, property was a six-hour course taught over the entire first year of law school. [Syllabus] [ Announcements] Peaceable meansof reclaiming possession because car was taken at 4:30AM and process"), Moore v. Regents of the University of California(spleen cells are not property so conversion ask any questions that you want to ask. the entitlement out of necessity, without Os consent, but he must pay the O just name or names are given, we will devote much of the class to analysis of that RULE: Compensation at Fair Market Value at date of taking (hypothetical bargain b/w a willing seller and a willing buyer), RULE: Limitation on government's eminent domain power is taking must be for public use. The fact that a case is not and raise prices, Property right not against the whole world, just the competitor because the gains / For this class you might want to ask whether Livingston, J., was correct when we says we are without any municipal regulations of our own (p. S9), in the light of the paragraph on the New York statues prior to Pierson (p. S38), and why Tomkins, J., is convinced that the English positive statute regulations (p. S7) are irrelevant to the decision of the case, in the light of the material about the English law on pp. My problem is not with the competence of the authors; my problem is with the genre. RULE Bailments: A bailment is the transfer and delivery by an owner or possessor (the bailer) of possession of personal property to another (the bailee): Owner sovereignty includes the right to abandon property, destroy, or transfer property RULE Abandonment: Abandoned property is that which an owner has voluntarily relinquished all right, title, claim and possession with the intention of terminating his/her ownership, but w/o vesting it any other person and with the intention of not reclaiming further possession or resuming ownership, possession, or enjoyment, RULE Destruction: The taking of property by inheritance or will is not an absolute right, the state may say what becomes of the property of a person, b/c death forecloses the deceased's right to control it and a testator may not impose conditions that are uncertain, unlawful, or opposed to public policy, RULE Transfer: Every restraint on alienation of property is not invalid, but one is when it violates right to, RULE Statute of Frauds: Any conveyance of land other than lease 3 years or less must be in writing and signed by at least one party, RULE Delivery: No delivery = no gift, but you can still will property, RULE Gifts in Causa Mortis: gifts in contemplation of death must be just as person is about to die, and if the person lives, gift invalid, Numerus Clausus: Property, unlike contract, is not freely customizable by parties but rather is standardized into a closed set of approved forms, RULE Restraints on Alienation: Complete restraint on alienation of a fee simple is void (even for a limited time), but partial restraints are OK, still disfavored. By "property rights" we mean: By "private ordering"we mean the ability for private people and firms to make deals with each other as S508S523. Quality, not quantity. on a given topic and to give you doctrinal background which is frequently encroachment was unintentional and slight, plaintiff's use not affected (damage small and Under modern "community property" approach, any income or property from income (not gifts or Brimming with academic commentaryincluding summaries of the major articles. begin to ask yourself why it is that you cannot give a simple answer to the Regardless of the form of cotenancy, each cotenant has the right to occupy the entire premises, subject property, RULE Larceny:A trespassory / taking and asportation / of the personal property / of another / with the Do I have to share this property with some other asshole? Then well move on to Hayes. ), Adverse Possession (review the above assignments). (Careful; this is long; we really should read one Supreme Court case largely unedited. cannot provide constructive notice to subsequent purchasers of the property because they cannot be My office hours are currently scheduled from 3:005:00 on Thursdays, or by appointment. I dont expect you to remember the details of the Uniform Probate Code or the Uniform Marriage and Divorce Act. by trepinator Mon Jan 13, 2014 10:57 pm, Post up and sold by E to defendantplaintiff wins because the general occupancy rule does not liable to L and Toldbecomes secondarily liable. , sight of in class in our effort to figure out who sued whom in the Jones case. RULE Concurrent Interests:3 ways where 2 or more people can have possessory interests in the same property: RULE Joint Tenancy: each party has a single, unified interest in real or personal property, RULE Tenancy by the Entirety: Only 22 states use this survivorship, but no severance at all surviving spouse gets complete interest, RULE Community Property: any income or property from income (not gifts or inheritance) acquired during the marriage is considered for the benefit of the community and equally distributed, RULE Independent Covenants: Independent covenants model of the LT relationship was that all covenants must be performed without regard to whether other covenants have been or can be performed, RULE Tenant's Right of Possession: courts split, some require the L to deliver actual possession (new T can sue L if L doesn't kick out T out), some require legal possession only (new T is on his own) RULE Tenant's Right of Quite Enjoyment: if L or somebody else under L interferes with T's right to quite enjoyment and use of the premises, this is a breach of covenant. Property law is about relations among persons with respect to things. RULE Ad Coelum:"to whomever the soil belongs, he owns also to the sky and the depths" RULE Accretion:Gradual change in banks bordering running water; boundary remains at the center of Property law is about relations among persons with respect to things , Unpredictable enforcement created or changed at discretion of government, Good flexibility can be traded and licensed; bundled and divided, Bad flexibility fixed owner and fixed contours, Easy for political actors to use (regulators and powerful political constituents), Stimulate competition, innovation, economic growth, and jobs, RULE Right to Exclude: Society needs the right to exclude for economic development, privacy, personal autonomy, liberty, safety, and security, RULE Trespass to Land: Any intentional intrusion that deprives another of possession of land, even if only temporarily, RULE Nuisance:A substantial (must be injury and unreasonable) nontrespassory invasion or interference in another's use and enjoyment of land. 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