Bundle of Sticks | Finders | Gifts | Adverse Possession | Estates and Future Interests |
---|---|---|---|---|
What is right to exclude
The holder of title to a tract of land may prevent anyone else from entering upon it
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What is rule of capture
if a person acquires occupancy in a wild animal, then such person call have title to the wild animal
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What is donative intent, delivery, and acceptance
Elements of an inter vivos gift
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What is actual possession
possession where the claimant physically uses the land in the same manner that a reasonable person would
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What is a life estate
Lasts for the life of a person
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What is right to transfer
A property owner may freely transfer (alienate) property to anyone
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What is lost property
An owner unintentionally and involuntarily parts with property
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What is manual, constructive, or symbolic
The three ways delivery can be satisfied
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What is open and notorious
Visible and obvious such that if the owner made a reasonable inspection of the land, they would become aware of the adverse claim
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What is fee simple determinable
Created with the words "so long as", "while", "until", "during"
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What is right to destroy
Courts are unlikely to recognize this right after an owner's death.
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What is mislaid property
An owner voluntarily and knowingly places the property somewhere but unintentionally forgets it
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What is donative intent, delivery, acceptance, and the donors anticipation of imminent death
Majority rule for gift causa mortis
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What are disabilities for AP
Mental incapacity or minorities
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What are defeasible fees
An estate that may end upon the occurrence of some event
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What is right to use
The traditional rule is that the owner has the absolute right to use his property in any way he wishes as long as he does not harm the rights of others
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What is the finder has greater rights than all but the rightful owner and previous possessors of lost property
The rule in Armory v. Delamirie
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What is revoked automatically
Majority view on revocability
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What is tacking
Where multiple successive adverse occupants can add their periods of adverse possession together to meet the statutory period
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What is condition precedent
Introduced by the word "if" and contained in the clause creating the remainder
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What is Sundowner v. King
This case determined the meaning of a spite fence
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What is the owner of the locus in quo has greater rights in the mislaid property than the finder
The rule in McAvoy v. Medine
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What is a gift causa mortis is subject to conditions that must be made in contemplation, fear, or peril of death and the donor must die of the illness or peril which he then fears or contemplates
The rule in Brind v. International Trust Co.
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What is privity
Some reasonable relationship between the adverse possessors beyond the status of two successive trespassers
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What is the rule against perpetuities
Applies to contingent remainders, executory interests, and vested remainders subject to open
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