blaw module 18

Real property

land + things attached to it

perosnal

everything else (tangible, debts, intellectual stuff)

What are the 3 types of personal property?

• tangible = physical, movable things

• Chose in action = debts or claims

• Intangible = intellectual rights (copyrights, patents, etc.)

What are the 2 main elements of a gift?

Donative intent (they want to give it)

Delivery (actual or constructive)

Inter Vivos(type of gift

Given during life

Causa Mortis(type of gift)

Given in expectation of death

What’s a conditional gift?

A gift that only completes if something happens (like an engagement ring = condition: marriage)

When does an anatomical gift take effect?

At the time of death (e.g., donating kidneys)

What are the 4 types of lost property?

1. Lost

2. Misplaced

3. Abandoned

   1. Treasure trove (hidden valuables, no known owner)

What is escheat?

When unclaimed property goes to the state.

What is joint tenancy with right of survivorship?

When one owner dies, their share goes to the surviving co-owners.

What is tenancy in common?

Each owner has a separate share. When they die, it goes to their heirs, not co-owners.

What’s tenancy by the entirety?

A joint ownership for married couples — can’t be sold or split without both agreeing.

What is community property?

Property acquired during marriage belongs equally to both spouses (in certain states).

What is a bailment?

When someone temporarily hands over personal property to someone else to hold.

Sole benefit of bailor

gross negligence

Mutual benefit

ordinary negligence

Sole benefit of bailee

slight negligence

What is constructive bailment?

When the law says you must care for someone else’s property, even without a formal agreement.