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