Wendy's Real Ppty Outline - entire

Wendy's Real Ppty Outline - entire - WENDYS PROPERTY...

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WENDY’S PROPERTY OUTLINE - COMPLETE p 1 of 20 ADVERSE POSSESSION CONCURRENT AND MARITAL PROPERTY LANDLORD-TENANT NUISANCE CONVEYANCING POSSESSION - the right to exclude others from property C ONSTRUCTIVE P OSSESSION - ownership/possession w/o physical presence S EISIN - a right to possession + a legal claim D ESEIZED - when a trespasser replaces the person with seisin W ILD A NIMALS (sometimes including bees, but not domestic animals) RES NULLIUS - π must show O CCUPANCY ; “ a thing belonging to no one” (e.g., a wild animal) , as opposed to terra nullius “land belonging to no one”--also applies to Oil Law B rought within control -- must have physical control, trapped, or mortally wounded; pursuit is insufficient I ntended to appropriate D eprived of natural liberty ANIMUS REVERTENDI - When an animal reverts to the wild/natural habitat (not non-natural setting), the right to claim Occupancy ends Some kind of notice is given of occupancy over the animal (e.g., fox in foothills v. fox in city) RATIONE SOLI - The owner of the land has first right to an animal on their land, but the right ends if the animal leaves their land CAUSES OF ACTION P ERSONAL P ROPERTY - modernly : these are all “ C ONVERSION ” w/ remedy of money damages Trespass to Chattel/on the Case is the wrongful taking of chattel REMEDY : money damages; later, detinue and trover Detinue - Δ had lawful initial possession then unlawful conversion; requires Δ’s possession of the goods D EFENSE : Δ lacks possession REMEDY : Δ’s choice of money damages (at time of taking) or return of chattel--so if value increased since taking, value-at-taking usually opted for. Trover - Δ had lawful initial possession then unlawful conversion, and Δ refuses to return to TO ( TRUE OWNER ) NO defense for lacking possession REMEDY : money damages only. Replevin is the wrongful seizure of property , where some seizure may be okay but not to the extent seized REMEDY : π’s choice of return of chattel or money damages. Before trial, π could reclaim immediately if bond of 2x property’s value posted. R EAL P ROPERTY Trespass is a c/a seeking recovery of possession for a violation of one’s possessory right in the land REMEDY : nominal money damages always available or injunction or return of property Ejectment is a c/a seeking recovery of possession of the land . REMEDY : originally only money damages; later, included return of possession. Quiet Title is a c/a seeking clear title to the land REMEDY : declaratory relief of who has real title S LANDER TO T ITLE - claim of clear title to a piece of property where someone has engaged in conduct that makes it appear owner does not have title, usually when ability to sell/transfer title is hampered by someone. Nuisance
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This note was uploaded on 10/24/2010 for the course PR 123 taught by Professor Gramer during the Spring '06 term at Loyola Law School Los Angeles.

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Wendy's Real Ppty Outline - entire - WENDYS PROPERTY...

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