Property Law (Issue Spotting)

The Rule of Capture

The first to capture (possess) a thing becomes its owner (holds title). Applies only to unowned thing (wild animals, fugitive natural resources)

When an individual has physical control or occupancy of property, they have _________________.

Actual Possession

Constructive Possession

Not actual possession, but legally sufficient. Where someone does not have physical control over an item, but their intent and actions are enough for the law to treat it as if they do.

Bailment

The rightful possession of personal property by one (bailee) who is not the true owner (bailor)

What is created when the true owner intentionally places property with another for holding, and the other person accepts responsibility?

Bailment

Who has rights to property that has been lost or abandoned?

The Finder

The true owner voluntarily relinquishes possession and does not want property

Abandonment

When does a Finder have the right (wins) to keep found property?

When the property is: (1) Abandoned, (2) Lost; or (3) Treasure Trove

True owner relinquished possession, and does not know where property is

Lost Property

When does the Owner of the premises have the right to keep found property?

The owner of the premises wins if the property is:

1. Mislaid

2. Embedded:; or

3. If the Finder is a trespasser or an employee/agent of landowner (workers cannot keep property they find)

The TO voluntarily relinquishes possession by placing the property someone where with the intention of returning but forgets where the property is

Mislaid Property

Embedded Property

The property is in, on, or under the real property of the landowner

What should you consider when Owner gives personal property to someone else?

Whether it's a valid inter vivos gift—requires intent, delivery, and acceptance

When someone occupies land without permission, there may be...

Adverse Possession - Can give title if the possessor’s use is:

1. Actual

2. Open and Notorious

3. Adverse/Hostile

4. Continuous

5. Exclusive

All elements must be met for the statutory period to acquire title

What property right allows landowners to prevent others from entering their land?

The Right to Exclude - It's enforced by the tort of trespass. No fences, signs, or proof of harm required. Exclusion is not absolute—defenses include necessity and overriding societal interests

One co-tenant requests entry, but the other changes the locks or refuses access

Ouster – Denying a co-tenant’s request for possession may amount to ouster. The ousted co-tenant can claim ½ the fair market rental value (FMRV).

Two individuals co-own property and share rights and responsibilities

Co-Tenants – Typically a Tenancy in Common unless otherwise specified.

The default form of co-ownership when property is granted to two or more people

Tenancy in Common – No special language needed; creates co-tenancy with separate, undivided interests.

One co-tenant wants to end the co-ownership arrangement

Partition – A co-tenant can request to divide the property or force a sale to sever co-ownership.

A married couple owns property together, and one spouse wants to change the ownership during their marriage

Tenancy in Entirety – Neither spouse can sever the joint tenancy without the other’s agreement. Divorce or a court decree severs the tenancy in entirety, usually changing it to a tenancy in common

When real property is granted to 2 or more individuals with special language that terminates their share at death.

Joint Tenancy with Right of Survivorship (JTRoS) – Requires four unities (Time, Title, Interest, Possession) and creates a single, shared interest. The survivor automatically takes the decedent's share.

A landlord breaches the K based on problems that threaten health or safety of tenant

Implied Warranty of Habitually (leasing real property) - The landlord has a duty maintain premises in condition fit for human habitation. Applies only to residential leases

A landlord interferes with tenant's ability to use or possess the premises

Quiet Use and Enjoyment (leasing real property) - Tenant has right to beneficial use of premises and can seek damages if unable to obtain quiet use & enjoyment