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Wendy's Real Ppty Outline Fall

Wendy's Real Ppty Outline Fall - WENDYS PROPERTY OUTLINE...

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WENDY’S PROPERTY OUTLINE - PART I p 1 of 7 POSSESSION & GIFTS ADVERSE POSSESSION ESTATES & FUTURE INTERESTS CONCURRENT AND MARITAL PROPERTY LANDLORD-TENANT NUISANCE AIR, LIGHT, SKY, & WATER EASEMENTS & COVENANTS CONVEYANCING ZONING & EMINENT DOMAIN POSSESSION & GIFTS POSSESSION - the right to exclude others Constructive Possession - ownership/possession w/o physical presence Seisin - a right to possession + a legal claim Deseized - when a trespasser replaces the person with seisin W ILD A NIMALS (sometimes including bees but not domestic animals) RES NULLIUS - “ 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 Occupancy B rought within control -- must have physical control, trapped, or mortally wounded; pursuit is insufficient I ntent to appropriate D eprive of natural liberty ANIMUS REVERTENDI is when an animal reverts to the wild/natural habitat (not non-natural setting), the right to 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 animal leaves their land C AUSES OF A CTION Personal Property - 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, then later detinue and trover Detinue - Δ had lawful initial possession then unlawful conversion; requires Δ’s possession of the goods. Defense: Δ’s lacking 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. NO defense for lacking possession. remedy : money damages only. Replevin is the wrongful seizure of property--where some 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. Real Property 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; injunction; 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 by court 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.
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