Property Law Questions And Answers Graded A+

Differences between Property and Contract Rights? (2) - Answer-K rights are only enforceable against contracting parties. Property rights are enforceable against the world What concept is the basis for the idea of property rights? - Answer-Exclusion (the power to exclude) Can you occupy possessions? - Answer-Yes. The person who possess "the fox" occupies it Encumbrance - Answer-A burden or charge upon an estate or property, so that it cannot be disposed of without being subject to it. A non-possessory interest in property CAPTURE balances which two concepts? - Answer-(1) Rewarding people who make an investment and (2) Preventing monopoly Gift - Answer-A transfer or property from one person to another without payment In Vivo Gift - Answer-From one living person to another Testamentary Gift - Answer-From a dead person to a living person through will or inheritance Requirements for a Gift - Answer-Intent to Transfer Title, Delivery of the Property (title, actual good, or symbolic delivery), Acceptance by the donee 3 Types of Property for Finders Law - Answer-Lost, Mislaid, Abandoned Lost Property - Answer-Accidentally misplaced (owner has right to recover) Mislaid Property - Answer-Intentionally placed somewhere but owner forgot where (owner has right to recover)Abandoned - Answer-Owner intends to relinquish rights (finder has right to keep - but intent to abandon must be established) Unjust Enrichment in Property - Answer-(1) Enrichment (2) Impoverishment (3) Connection between enrichment and impoverishment (4) absence of justification or cause for either (5) No other remedy available to P Are burial good abandoned propery? - Answer-No. (but who owns them?) Who does a finder of property prevail over to keep the property? - Answer-Everyone but the original owner (generally) What happens when the finder is on someone else's land when he finds the property? - AnswerLandowner gets it if the finder was trespassing. Courts are divided when finder had permission to be on the land. Trespass (definition) - Answer-An unprivileged intentional intrusion on property possessed by another. Must establish the act was unprivileged and owner had right to exclude 3 Instances of Privileged Entry - Answer-Consent, Necessity, Public Policy Licensee - Answer-Person who has been given the right to be on the land Are privileges limited by the scope of the privilege? - Answer-Yes. When you exceed the scope of your privilege you are no longer privileged and become a trespasser The common law imposes a duty on which two groups to serve the public without discrimination? Policy behind this? - Answer-Innkeepers, Common Carriers. Policy -- more likely to be monopolies, necessities, hold themselves out as ready to serve public. 3 Types of Remedies for Trespass - Answer-Damages (nominal, compensatory, punitive), Injunction/Ejectment, Declaratory JudgmentElements of Adverse Possession - Answer-Actual Possession, Exclusive, Open & Notorious, Continuous (by average landowner standard), Adverse/Hostile, For a proscribed period of time (10 years usually. SoL) Acronym for Adverse Possession - OCEAN - Answer-Open, Continuous, Exclusive, Adverse, Notorious Tacking - Answer-Can add adverse possession claims from previous owners if they meet the adverse possession requirements Burden of Proof for Adverse Possession - Answer-Clear and Convincing Evidence Knowledge of the adverse possession required? - Answer-No. Not for either party.