PROPERTY LAW TOP EXAM QUESTIONS AND
CORRECT ANSWERS
Rule of Capture - CORRECT ANSWERS pursuit alone doesn't establish possession
1) deprive animal of natural liberty
2) bring animal within certain control
3) render escape impossible
manucaption - CORRECT ANSWERS physical possession
What can constitute possession of a wild animal? - CORRECT ANSWERS manucaption (all
jurisdicitons)
mortal wounding (Barbeyrac) (some jurisdictions)
traps and snares (Grotius) (some jurisdictions)
Exceptions to rule of capture - CORRECT ANSWERS 1) Trespassing (unless a man starts an
animal on his own land and follows it onto another's land and kills it there)
2) Pets - once it's been domesticated, it belongs to its owner (unless the finder of a lost pet
makes a reasonable effort to locate its owner, and cares for the animal for a while)
Possession of a whale - CORRECT ANSWERS Fast fish belongs to the party fast to it
Loose fish can be anyone's
Elements of Adverse Possession - CORRECT ANSWERS 1) Actual
2) Open and notorious
,3) Exclusive
4) Continuous
5) Hostile and under claim of right
6) For a period established by the statute of limitations for ejectment
Color of Title - CORRECT ANSWERS something in writing that intends to convey the
property but fail to
when it exists, the court may use the decryption in the title as conclusive evidence of the land
area being possessed
Estoppel - CORRECT ANSWERS when one owner erroneously represents to the other
owner that the boundary between them is located along a certain line and the second, in
reliance on the representations, builds in a way that encroaches on the true boundary
The party who made the representation is estopped to deny them and the boundary is shifted
accordingly
Land possession and riparian owners - CORRECT ANSWERS slow changes (deposit or
erosion) changes the boundaries
sudden changes (flood, earthquake) does not not change the border
Riparian owners - CORRECT ANSWERS owners of land that is located against a body of
water
Adverse possession and cotenants - CORRECT ANSWERS Can't bring claim if another
tenant leaves because AP use is not wrongful occupancy
, Can bring AP claim if tenant ousts other tenant by both
1) excluding them from the property, and
2) notifying them that they intend to take sole ownership
Conditions to uphold oral agreements (adverse possession) - CORRECT ANSWERS 1) both
parties uncertain where true boundary lies or genuine dispute exists over location
2) parties can prove the existence of an agreement setting the boundary
3) parties take (and/or relinquish) possession to the agreed line
4) (many states) parties live within the boundary for a substantial time (less than AP)
3 rules for adverse possession of personal property - CORRECT ANSWERS conversion
discovery
demand and refusal
conversion rule - CORRECT ANSWERS AP of personal property starts running when the
property is wrongfully taken
discovery rule - CORRECT ANSWERS AP of personal property starts running when the title
holder discovers, or should have discovered, where the stolen property is (must prove due
diligence was used to find stolen property)
demand and refusal rule - CORRECT ANSWERS AP of personal property starts running
when demand of the stolen property is made and refused
action for replevin - CORRECT ANSWERS action to reclaim stolen property
CORRECT ANSWERS
Rule of Capture - CORRECT ANSWERS pursuit alone doesn't establish possession
1) deprive animal of natural liberty
2) bring animal within certain control
3) render escape impossible
manucaption - CORRECT ANSWERS physical possession
What can constitute possession of a wild animal? - CORRECT ANSWERS manucaption (all
jurisdicitons)
mortal wounding (Barbeyrac) (some jurisdictions)
traps and snares (Grotius) (some jurisdictions)
Exceptions to rule of capture - CORRECT ANSWERS 1) Trespassing (unless a man starts an
animal on his own land and follows it onto another's land and kills it there)
2) Pets - once it's been domesticated, it belongs to its owner (unless the finder of a lost pet
makes a reasonable effort to locate its owner, and cares for the animal for a while)
Possession of a whale - CORRECT ANSWERS Fast fish belongs to the party fast to it
Loose fish can be anyone's
Elements of Adverse Possession - CORRECT ANSWERS 1) Actual
2) Open and notorious
,3) Exclusive
4) Continuous
5) Hostile and under claim of right
6) For a period established by the statute of limitations for ejectment
Color of Title - CORRECT ANSWERS something in writing that intends to convey the
property but fail to
when it exists, the court may use the decryption in the title as conclusive evidence of the land
area being possessed
Estoppel - CORRECT ANSWERS when one owner erroneously represents to the other
owner that the boundary between them is located along a certain line and the second, in
reliance on the representations, builds in a way that encroaches on the true boundary
The party who made the representation is estopped to deny them and the boundary is shifted
accordingly
Land possession and riparian owners - CORRECT ANSWERS slow changes (deposit or
erosion) changes the boundaries
sudden changes (flood, earthquake) does not not change the border
Riparian owners - CORRECT ANSWERS owners of land that is located against a body of
water
Adverse possession and cotenants - CORRECT ANSWERS Can't bring claim if another
tenant leaves because AP use is not wrongful occupancy
, Can bring AP claim if tenant ousts other tenant by both
1) excluding them from the property, and
2) notifying them that they intend to take sole ownership
Conditions to uphold oral agreements (adverse possession) - CORRECT ANSWERS 1) both
parties uncertain where true boundary lies or genuine dispute exists over location
2) parties can prove the existence of an agreement setting the boundary
3) parties take (and/or relinquish) possession to the agreed line
4) (many states) parties live within the boundary for a substantial time (less than AP)
3 rules for adverse possession of personal property - CORRECT ANSWERS conversion
discovery
demand and refusal
conversion rule - CORRECT ANSWERS AP of personal property starts running when the
property is wrongfully taken
discovery rule - CORRECT ANSWERS AP of personal property starts running when the title
holder discovers, or should have discovered, where the stolen property is (must prove due
diligence was used to find stolen property)
demand and refusal rule - CORRECT ANSWERS AP of personal property starts running
when demand of the stolen property is made and refused
action for replevin - CORRECT ANSWERS action to reclaim stolen property
