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Related Flashcards
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Cards In This Set
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What is the rule of capture?
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Must have mortal wounding and continued pursuit to ensure capture is certain
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What is the rule of find?
what are the exceptions? |
Finder has the right to keep property over all but the true owner.
1.Attatched to someone elses property, 2. Mislaid- goes to the locus quo 3. Acting as an agent of the land owner |
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What are the required elements of adverse posession?
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1. continious, uninterupted for statutory period.
2. open and notorious 3. exclusive, actual 4. hostile/adverse |
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What does color of title do for an adverse posession claim?
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If founded on a written document that is not ligitimate- you don't have to posess the whole plot covered my the instrument and you still get the whole plot.
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What is tacking? when can it apply, when can it not?
does it apply to dissabilities? |
1. add together time of successive APers to fufill the statutory period.
2. tacking applies when there is successive adverse possesors in privity and posession is continious. 3. Tacking DOES NOT apply to disabilities. |
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What is the policy for AP? counter policy?
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1. productive use, encourage/ reward labor, sentimental attachment, natural law, owner is sleeping on his rights
2. green policy- required to improve the land, if its a trespass rewarding illegal activity. |
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What rule do we use for adverse posession of chattels? define this rule.
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1. discovery rule- SOL starts to run when the TO first knew or should ahve known the item was missing UNLES they are diligently looking for the item- replaces open and notorious
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What are the 3 elements required for a valid gift?
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1.Intent
2. Delivery 3. Acceptance |
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What are the 3 types of delivery?
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1. actual (Best) giver feels the loss, if its possible to delivery actually then YOU have to do it
2. constructive delivery- delivery of something that provides access to the gift. 3.symbolic- pictures or a little sculpture- doesn't give you control (weakest) |
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What interest does a grantor retain in a fee simple determinable?
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Possibility of reverter- REVERTS AUTOMATICALY when condition is no longer met
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What interest does a grantor retain in a FS subject to condition subsequent?
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Right of entry- grantor must re enter the property doesn't automatically revert.
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What future interests are subject to RAP?
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1. Vested subject to open
2. executory interest 3. contingent remainders |
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How do you know a remainder is contingent?
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1. no person ascertainable or a condition PRECEDENT.
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What is the key to distinguishing between FSD language and FSSCS language?
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Temporal limitation, so long as until while during for FSD for FSSCS its but if upon condition provided, however ( conditional wording )
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What duties does a life tenant have?
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1. no waste- unreasonable impairment of the value which the property will ahve when the holder of the future interest takes posession
2. pay property taxes 3.make repairs 4. pay mortage interest (not principal) |
