{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Property Outline � Fall �06Revised

Property Outline � Fall...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Property Outline – Fall ‘06 I. Chapter 2: a. Transferring Intellectual Property: The Documents i. 6 elements of property transfer agreements 1. The parties a. Who are they? Have I included all of the parties necessary for the client’s expectations? b. Capacity of the other parties to perform 2. Preconditions a. What has to happen before the other party is on the hook to deliver the kind of performance my client wants? b. What conditions can prevent my client from being able to hold the other party to it? c. Can oral agreements change because of other documents or utterances? 3. Obligations of the other party a. Are the performances of the other party unambiguously described? b. Especially important was drafted by or on behalf of the opposing party. 4. Obligations of the client a. Examine your client’s obligations from the other party’s standpoint 5. Breach and remedies a. What can go wrong? b. Can my client show that the other parties have violated the terms? c. What can my client do about it if they do not perform as specified 6. Termination a. When do the obligations end, and what happens then? II. Chapter 3: Real Property Ownership, Including Multiple Ownership a. What this chapter is about i. IP interest arise from creation (copyrights), use (trademarks), grant from sovereign (patent), and transfer (each interest) real property interests arise from creation (discovery and occupation), use (limitation title/adverse possession), governmental grant (land patent/patent), and transfer (seller deeds property to buyer). b. Acquisition and Creation of Real Property Interests i. 3 types of creation: gift, contract, adverse possession also creation by grant, by discovery and occupation, by use, by devise (will), and through inheritance (w/o will) ii. By gift, devise, or Decent 1. Brewer v. Brewer inter vivos gift requires 3 elements: a. There must be an intention on the part of the donor to make a gift b. There must be a delivery or transfer of the subject matter of the gift c. There must be acceptance of the gift by the donee 2. Some states = higher than usual burden of proof “clear and convincing evidence” rather then “preponderance-of-the-evidence” standard. aided by “presumptions” 3. Gift of land in will = devise, while gift of money = bequest intestate = without will iii. By Purchase: Equitable Title under Property Transfer Agreements 1. Title Transfer Creation of new property interests by purchase or transfer, pursuant to a property transfer agreement or contract “Equitable title” – more than a contract/ title in two differing interests leads to problems 2. Calvin v. Custer - Legal ownership remains with the seller until the sale is final. In this case US was the buyer, and the US had an equitable title to the land and thus were responsible for the taxes. iv. Original Creation of Real Property Interests: Adverse Possession, Discovery and Occupation, and Conveyance by Land Patent from the State 1. Adverse Possession: Title by Limitation
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
a. If a claimant occupies the land and if certain formal requirements are met. b. Has to be open, visible, or obvious so that the record owner (the owner shown by public record) can recognize possibility of losing land c. Use by permission is NOT adverse possession d. Depends on state “limitation title” e. Totman v. Malloy – If family members engage in adverse possession, can it be considered a hostile taking of the land. There is a presumption that adverse possession by family members is permissive. You must prove that it is hostile. f. Davis v. Parke - The appeals court reasons that since there was fencing was present, it was open enough to be considered hostile. g. Grazing of livestock alone is not “open” enough to be adverse possession UNLESS claimant encloses land h. Can “tack-together” unrelated, successive occupancies to fulfill time period
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}