Property Law

Front 1

Boomer v. Atlantic Cement (Cement case)

Back 1

Permanent damages, rather than an injunction, are appropriate when the damages resulting from a nuisance are significantly less than the economic benefit derived from the party causing the harm.

Front 2

Elements of inter vivos Gifts

Back 2

1) intent 2) Delivery 3) Acceptance

Front 3

Gift Causa Mortis

Back 3

Gift intended to be given after death. Contingent on donor dying.

Front 4

Newman v. Bost (Housekeeper gifts)

Back 4

In order to effect a gift, whether causa mortis or inter vivos, the items must be physically delivered to the donee where possible.

Front 5

Popov v. Hayashi (Bonds baseball case)

Back 5

When a person completes a significant portion of the steps to achieve possession of an item, but is thwarted due to the unlawful conduct of another, that person is entitled to a pre-possessory interest of the item.

Front 6

Johnson v. M’Intosh (Native american land)

Back 6

Right of discovery gives you the right to perfect the title through possession

First in time = possession

Front 7

INS v. AP (news case)

Back 7

AP has the right to exclude others from improperly using the information for a reasonable amount of time (until news in no longer valuable

Front 8

Present Estate (4 kinds)

Back 8

1. Fee Simple Absolute 2. Fee tail 3. Defeasible fees 4. Life Estates

Front 9

Fee Simple Absolute

Back 9

Strongest form of ownership. No future interest.

Language "To A." or "To A and his heir" Living people have no heirs.

Front 10

Defeasible Fees (3 kinds)

Back 10

1. Fee Simple Determinable 2. Fee Simple Subject to condition subsequent. 3. Fee simple subject to executory limitation.

Front 11

Fee Simple Determinable

Back 11

Interest in land that ends when certain event happens.

Language "To A... "for so long as" "As long as" "During" "Until" (Devisable, Descendible, Alienable but always subject to condition) Future interest is in possibility of reverter (goes back to giver) Only in this one!!!

Front 12

Fee Simple Subject to Condition Subsequent

Back 12

Like Fee Simple Determinable but the grantor must also take land back.

Language "To A, but if ____ occurs grantor reserves right to re-enter

Devisable. Descendible, Alienable but subject to the condition and if grantor takes back land.

Right of Entry is created.

Front 13

Fee Simple Subject to Executory Limitation

Back 13

Interest in land where if a certain event happens the interest automatically ends and will be transferred to someone else. Transferred to a 3rd party if event occurs.

Language "To A, but if ___ occurs then to B." DDA

Future interest is the shifting executory interest in 3rd party

Front 14

Defeasible fees and language

Back 14

Remember the language must be clear and durational. Intent does not equal defeasable fee. Some examples of how they may trick you- this language does not create a DF. Ex. "hope, purpose, intention or expectation" Remember to look for these.

Front 15

Life Estate

Back 15

interest in land that last only as long as the life of the grantee. Can be as long as the life of another (Pur Autre Vie)

Language "To A for life" or T"o A for life of B"

DDA as long as measuring life is still alive.

Life tenants must not commit waste since it is temporary.

Front 16

3 types of waste

Back 16

Voluntary waste, Permissive Waste, Ameliorative Waste

Front 17

Voluntary Waste

Back 17

Overt conduct that causes a decrease in value.

Must not deplete natural resources unless ORGE

Open mind already in use. Repairs using natural resources. Grant giving permission. Eploitation is the regular use of the land is exploit natural resources.

Front 18

Permissive Waste

Back 18

Land falls into disrepair. Tenant must keep it in good repair, and pay interest or mortgage on land.

Front 19

Ameliorative Waste

Back 19

must not improve land unless future land owners are known and give permission.

Front 20

Future interest of grantor

Back 20

1) Possibility of reverter(FSD) 2) right of entry (FSSCS) 3) Reversion (Life Estate or term of years, always a lessor estate)

Front 21

Future interest of Transferee

Back 21

1. Vested Remainder 2. Contingent Remainder 3. Executory interest.

Front 22

Remainder

Back 22

3rd party interest in an estate

Front 23

Vested Remainder

Back 23

ascertained person and no condition precedent (nothing in the way)

Front 24

Contingent remainder

Back 24

Either A) 3rd person is not know or B) subject to condiction precedent

Front 25

3 types of Vested Remainders

Back 25

1) Indefeasibly 2) Subject to partial divestment 3)Subject to Divestment

Front 26

Indefeasibly Vested Remainder

Back 26

"To A for life, then B"

Front 27

Vested Remainder Subject to partial divestment

Back 27

"To A for life then to A's children"

Front 28

Vested Remainder Subject to divestment

Back 28

"To A for Life, then to B, but if B dies before A, to C. " Watch out for similarities to contingent remainder. If there is a comma after B, then VRSD, but if not then CR.

Front 29

Condition Subsequent

Back 29

condition inVested Remainder Subject to divestment

Front 30

Condition Precedent

Back 30

condition in Contingent remainder. Must know what kind of future interest is there in order to know condition.

Front 31

Executory interest

Back 31

Future interest in transferee that can take effect only by divesting in another interest. (Springing and shifting). Not a remainder because it doesnt get the left over of another estate but cuts short someones present interest. Pairs with fee simple subject to executory limitation.