Property Law

fee simple determinable

"to a and his heirs so long as [condition]'; majic words are so long as, until, while; when condition violated, granotr has possibility of reverter which is automatic with breach

Moore v Regents of University of California

(Property and the Human Body) A person's abandoned body parts are used for research without his knowledge. He cannot sue the research entity on a conversion claim because only property can be converted, and cells are not property. • Reasons are that (1) It would hurt medical research (2) Rights should be decided by legislature, (3) Should have informed consent though RULE: People do not retain possessory interest or property rights in their body parts after removal to uphold a conversion action.

common law approach to bailment

1) bailment solely for the benefit of the bailor; 2) bailment solely for the benefit of the bailee; 3) bailment for the mutual benefit of both

requirements for valid will

1) legal capacity (typically 18; Texas, 18, married, divorced, or in military); 2) testamentary capacity (sound mind where know what you are doing and that is creating a will); testamentary intent (intending to distribute property upon death)

inter vivos gift

1) present donative intent where voluntary and irrevocable; 2) delivery; 3) acceptance; 4) transferee becomes new true owner

elements of bailment

1) rightful possession (not by theft or conversion); 2) of personal property (typically tangible); 3) by someone who is not the true owner

donative transfer

1) transfer made by true owner; 2) transfer intentional; 3) transfer gratuitous; 4) the transferee becomes new owner

bona fide purchaser UCC

1) true owner bailed property to bailee; 2) bailee was merchant; 3) bailee was merchant of the kind; 4) transferee was buyer in the ordinary course of busines

fee tail

An estate in fee that descends to the grantee's direct lineal heirs and through them to the direct lineal heirs of the next generation to keep it all in the bloodline; TEXAS NOT HAVE

Shelley v. Kraemer (discriminatory covenant)

Equal Protection Clause of the 14th Amendment does not prohibit private actors from discrimination BUT state cannot enforce that as it would constitute state action in violation of the Constitution; court later expanded to private discrimination; shows how dispute between 2 people have major implication

unauthorized possession who wins

FUP to stop endless stream of unlawful seizure; some say SUP to avoid double recovery

role of property on society

Native v US land case say courts will often tinker with the law to get what they want knowing that other determinations would have devastating results to their views; discriminatory covenant case shows how dispute between 2 people can have MAJOR implications

finding

a person who rightfully acquires possession of personal property that did not originally belong to them

abandoned (apply the rule)

abandoned (apply the rule)

statute of tenures 1660

abolished instances of tenures and replaced with taxes

Statute of Quia Emptores 1290

abolished subinfeudation and replaced it with "substitution" where each transferee stepped into the place of the transferor

Real Property

above land; growing on land; built permanently on land; surface of land, support land, below surface

inter vivos gift delivery

actual; third party where a third party, not under the control of the donor, has irrevocable instructions to deliver the gift; constructive where donor gives donee means of obtaining the gift like a key to a safety deposit box; symbolic where item symbolizes true gift like a deed or note BUT if actual delivery possible, this might not work

gift causa mortis

all elements of inter vivos gift PLUS gift made in contemplation of immediate and impending death; revoked if donor revokes while still alive, donor survives peril (traditional is automatic revocation, RS is must be revoked in reasonable amount of time); donee predeceases donor

1925 property legislation

all feudal instances abolished

Johnson v McIntosh (Native vs US land)

automatic title given to one that "discovered" land and Natives not considered 'civilized' to own/transfer land... courts will often tinker with the law to get what they want knowing that other determinations would have devastating results to their views

contents of an item in bailment

bailee will be liable for contents of a bailed item as long as they are an item that would be reasonably expected to be inside; might depend on season, location, etc...

parties of bailment

bailor (true owner); bailee (has rightful possession but does not own the property)

limitations of life estate

cannot commit waste; voluntary where affirmative action that causes damage to property; permissive where failure to take action causes damage to property; amerliorative waste where changes to property that increase value to property

Jones v Alfred (right to dispose) (no sale to black folk)

cannot discriminate based on race, color, national origin, religion, disability, or family/marital status; right to dispose being cut shorter as needs of the many outweighs needs of the few

tangible property

chattels; chose in possession because they can be physically possessed

intangible property

chose in action and chose in real which is interest based in land but treated as personal property such as a land lease

actual engagement gift

depends of jx can be fault or no fault approaches

treasure trove (apply the rule)

depends on jurisdiction, BUT in places like Texas, treasure trove not recognized so property must be re-identified as either lost, mislaid, or abandoned

relative value exception

difference between value of original property and improved property so great that unjust for property owner to recover full property so just reimbursed for the materials

fault approach (modern and texas)

does care about why but who; donor breaks off, donee keeps; donee breaks off, donor gets back unless donee had legal reason; death before marriage, donee keeps and if donee died, goes to their estate

gift

donative transfers; inter vivos; engagement gifts; gifts causa mortis

no fault approach (modern)

dont care who or why break up happens, donor can always get it back

modern trend with bailment

duty the same for ALL bailment based on mutual benefit standard BUT, in general, Texas still follows the 3-iered approach

sources of bailment duties

express K by K between bailor and bailee (enter K course here); or implied agreement like with a finder

freehold estate types

fee simple absolute, life estate, defeasible estate, fee tail

fee tail BEFORE 1285

fee simple conditional to A having a kid and if A has a kid, becomes fee simple absolute

Fee tail after 1285, DeDonis Conditionalibus

fee tail creating unending series of estates resulting in smaller portions

finding and bailment

finding creates a bailement relationship with the finder being the bailee for the true owner but NOT for treasure trove or abandoned property

types of property by acquisition

finding, bailment, purchase, unauthorized taking, benenfit from another's mistaken improvement, gift

types of finding

first occupant, lost, mislaid, abandoned, treasure trove

Lost (apply the rule)

generally, the finder will have superior right to possess, even over the landowner BUT not the true owner; exception of where employee of the landowner is the finder working within the scope of their employment, the landowner has superior ownership

defeasible estate

grant of land some way conditional; fee simple determinable; fee simple subject to condition subsequent; fee simple subject to executory limitation

natural rights theory

have natural/inherent right to own property not contingent on law or government; vague and changes over time

social utility theory

having property is beneficial because it creates incentive to produce/work; must be able to be 1) transferred, 2) excluded from others, 3) universal; if mismanaged, can end up with tragedy of the commons

Edwards v. Sims (right to use) (great onyx cave)

heaven and hell theory where own everything above/below your land

tenures

homage (pledge allegiance); fealty (oath to be loyal); aids (financial support); escheat (lord regain property if person died without heirs); relief (inheritance tax); wardship (lord use underage individual's property without duty to account); marriage (arranged marriage)

transfers upon death; intestate succession

how property transfer when not have a valid will, rigid rules and property goes where rules say; common split where real property goes to crown and personal to church

manufacturing exception

identity of property changed to the extent to where the original property can no longer be recovered; property owner gets reimbursed and improver gets to keep manufactured item as it would otherwise be unjust

doctrine of accession tracing rule

if owner can trace their property, they can recover from the improver

Kremen v. Cohen (sex.com case)

intangible property can be converted

courtship gift

irrevocable gift for donor to entice donee to continue dating

fixtures

items caught in-between real and personal property; something that is a part of the real property where removal would cause damage but not demolish the property (intalled light fixtures)

duties of life estate

keep property in repair, pay property taxes, pay interest on mortgage but not principle, entitled to rent and profits, cannot create interests that extend beyond measuring life, must allow reasonable inspection by future interest holder

Fee Simple Subject to Executory Limitation

land goes to third party instead of grantor; automatic divestment

nonfreehold estate

less than full ownership of real property; esentailly leasehold or tenancy

engagement gift

made while donor is still alive but need to determine if courtship or engagement

doctrine of accession exceptions

manufacturing exception, relative value exception

treasure trove

money (gold, silver, coins, etc.) intentionally concealed in the ground or in hiding places with no known owner; NOT in Texas; came from Ancient Rome

fee simple subject to a condition subsequent

more favored because court abhors forfeiture; majic words but if, provided that, on the condition that; grantor has power of termination and divestment requires affirmative act by grantor which can be lost by waiver or estoppel

inter vivos donative intent

must be voluntary and irrevocable; evidence includes occasion, relationship between parties; value or size of the gift; and if donor not trying to get it back

Intel Corp v. Hamidi (right to exclude) (mass email)

no absolute property right to exclude undesired communications from one's email/webservers; require actual damage/harm to the system for there to be trespass to chattels claim

estate types

nonfreehold, freehold

labor theory

own property because you earned it; spent time/effort creating it and therefore deserve it; works well with personal property but not land

freehold estate

ownership of real property; owner has seisen which are great rights than possession; transfer by livery of seisen or turf and twig

ways property distributed at death

physical strength or finding; burried with dead; intestate succession (rules/laws/customs determining where property goes upon death; originally you could NOT say where property went when you died); wills (during life state where property goes upon death; started with personal property and evolved to allow real; do NOT have right to make will); will substitutes

subinfuedation

practice in which a lord's greatest vassals subdivide their fiefs and have vassals of their own, and their vassals, in turn, subdivide their fiefs and so on

occupation theory

property belongs to the first person who occupies (grabs) it; primitive but can still apply; only works for previously unowned property

legal theory (Bentham)

property is entirely legal construct and is only property if the law recognizes it as such

first occupant

property no one else had owned before

State v Shack (right to exclude)(migrant workers)

public/private necessity may provide the allowance of others on one's land; property stick of right to exclude getting shorter over time in recognition of important social interests; becomes a balancing act between property owner's rights and societal interests

bona fide purchaser common law

purchaser paid value for the item and had no knowledge of the true owner's claim

right to exclude

right to prohibit/prevent others from using or possession your property

right to dispose

right to transfer by gift, sale, or abandonment

bundle of sticks

right to transfer, right to exclude, right to destroy, has value, right to recover from theft, right to possess, right to use as collateral

way for unauthorized possessor to gain title

run SOL where time typically begins to run at time of cause of action but keep in mind discovery rule; adverse possession where unauthorized possessor openly and notoriously held the property in a hostile manner for the statutory period of time

right to use

self explanatory

tragedy of the commons

situation in which people acting individually and in their own interest use up commonly available but limited resources, creating disaster for the entire community

bailment solely for the benefit of the bailor (true owner)

situation where person holding the property does not receive any benefit but is doing a favor; standard of care is slight care and they are only liable for gross negligence; ex of pet sitting for free

unauthorized possession

situation where property goes from true owner, to one unauthorized possessor to another unauthorized possessor

bailment solely for the benefit of the bailee (possessor)

standard of care is high care and liable for even slight negligence but not strictly liable; example of borrowing your mum's car vroom vroom

bailment for mutual benefit of both

standard of care is ordinary care by a reasonably prudent person standard under similar or same circumstances; ex renting a car or a textbook

analysis in steps

step 1) who is fighting over the property; step 2) classify the property as either lost, mislaid, abandoned, or treasure trove; step 3) apply the rule: step 4) apply the facts

personal property

tangible and intangible property

fee simple absolute

the whole enchilada; present right to possess, right to possess until death, no condition on possession, transfer in life or death To A and his heirs

life estate

to A for life have present interest, future interest in reversion or remainder; duration for life or life of another (pur autre vie)

fee tail mail

to a and the male heirs of his body

bona fide purchaser

true owner bails property to bailee who then transfers it to a third party

misplaced/mislaid

true owner intentionally put it down somewhere but forgot to take it with them when they left and forgot where they left it

abandoned

true owner intentionally relinquished possession and claim to the property; once abandoned, cannot come back and claim ownership

bona fide purchaser general rule

true owner normally has greatest possessory rights but where a bona fide purchaser is involved, the bona fide purchaser has superior rights to protect innocent people who buy property

lost

true owners have parted with it casually, accidentally, involuntarily, unconsciously lost it; dont know where it is or how to find it

types of will

types of will

bailment and control

was the domain or control over the property sufficient to create a bailment?; was there notice of liability or lack thereof?

doctrine of accession basic issue

what are the rights of the unjustly benefited property owner and what are the rights of the disadvantaged worker who made the improvements

bailments

when owner gives someone personal property

doctrine of accession

when someone improves another's property by mistake

misdelivery and bailment

when the bailee gives the bailed property to someone other than the owner; typically strict liability because want to property to get to the rightful owner; facts include purposeful, negligent, or an accident

transfers upon death; testate succession (wills)

written instrument that dictate where property goes upon death; privilege NOT a right and Texas follows strict compliance; CL where wills are for real property and testament for personal but now just combined