Acquisition, Adverse Possession, Leaseholds, Mortgages

Johnson v. M'Intosh

P trying to eject D from land, says they bought it from Piankeshaw Indians before US existed. US controls land transfers, deed is no good. Power to transfer title from natives is held exclusively by the government.

Pierson v. Post

P suing D, saying D trespassed on his fox that he was hunting first. D gets the fox cus he captured it. Capture, corporeal possession, is necessary for occupancy of property. Mere chase is insufficient to confer rights of first possession.

Ghen v. Rich

Rules of capture not enumerated in maritime law, consistently observed locally, on which an industry relies, should be enforced by the court.

INS v. AP

A quasi-property right exists in news, because publishing news as your own deprives another organization the advantages of their investments in reporting.

Moore v. Regents

A patient has no property right in cells removed from their body later developed into valuable commercial products.

Armory v. Delamirie

Finding a jewel gives one a property right over it, but not over that of the rightful owner.

Hannah v. Peel

Finders of previously unknown objects on another's land may acquire superior title against the landowner who had no knowledge of or control over such items.

Gruen v. Gruen

To make a valid inter vivos gift there must exist: intent on part of donor to make a present transfer, delivery of the gift, either actual or constructive to donee, and acceptance by donee

Jacque

Home delivery guy drives through P's land, even though P said don't do it. P sues for trespass. D saying the punitive damages were too much compared to nominal damages. Punitive damages were in the discretion of the jury, regardless of being way more than nominal damages. $1 nominal, $100k punitive. When nominal damages are awarded for intentional trespass to land, punitive damages may, in the discretion of the jury, be awarded to reinforce a private landowner's right to exclude.

Shack

Legal Aid attnys trying to reach workers living on company property. Company sues for trespass. No trespass. Equity informs this. State trespass law does not include govt workers assisting migrant workers, because title to property does not include dominion over persons permitted to live on the premises at the expense of their well-being.

Adverse Possession Requirements

Entry that is actual and exclusive. Open and notorious - constructive notice (you should've known). Continuous for the statutory period. Adverse and under a claim of right.

Adverse Possession Objective standard

State of mind is irrelevant

Adverse Possession Good-faith standard

"I thought I owned it"

Adverse Possession Aggressive trespass standard

"I thought I didn't own it, but I intended to make it mine".

Van Valkenburgh v. Lutz

P suing to clear D's structures on land, D claiming adverse possession. Clear the structures, D did not have the adverse mindset required. The good-fath standard: Adverse possession requires a mind-state that the land on which the improvement exists is yours.

Mannillo v. Gorski

Steps encroach 15 inches onto P's land. D admits that, but says they have title through adverse possession. D has title through adverse possession. Any entry/possession for required time that is exclusive, continuous, uninterrupted, visible and notorious, even if under mistaken claim of title, is sufficient for adverse possession.

Howard v. Kunto

P claiming title to land D occupies, P found out the deeds were wrong and bought D's. D claiming land is theirs through adverse possession. D gets the land through adverse possession, tacking from prior holders, and had land uninterrupted because maintaining it constitutes possession even if they were only there during summers. Tacking is permitted to establish adverse possession through privity with prior possessors, even if the deed is wrong, because of the notion that a purchaser's claim should be held above that of a trespasser.

Walling v. Przybylo

P suing to quiet title to northern portion of land that is D's, saying they have adverse possession. P knew it wasn't theirs. P has land, adverse possession not defeated by actual knowledge, conduct matters. Knowledge that another owns property does not defeat a claim of adverse possession where the conduct of a claimant shows they believe it is their land.

Term of Years Tenancy

Estate lasting a fixed time or period computable by formula. Must be fixed period, but may be terminable upon an earlier event. No notice of termination is necessary to end estate.

Periodic Tenancy

Lease continues for a period of fixed duration, continues for succeeding periods until either landlord or tenant gives notice of termination. "To A from month to month", "to B from year to year". If no notice is given, the lease will automatically extend. Half a year's notice is required to terminate year-to-year tenancy. Lease under a year, notice of termination must be given equal to length of the period, but not more than 6 months. Must terminate on final day of period, not earlier.

Tenancy at will

No fixed period. Goes as long as BOTH landlord and tenant desire. Ends when a party ends it. Aight. Or at death of a party.

Tenancy at Sufferance: Holdovers

When a tenant remains in possession after termination of tenancy. Common law gives landlords two options: eviction or consent (express or implied) to create new tenancy. Holding over usually creates tenancy based on previous conditions.

Garner

Garner makes lease with Gerrish, says Gerrish may terminate the lease at date of his choice. Garner's estate says it was "tenancy at will". Gerrish says its "determinable life tenancy". It's a life tenancy terminable at will of tenant. A determinable life estate giving a tenant sole right to terminate the lease agreement is created when the plain language of a lease gives a tenant a lease "for as long as they desire to stay on the land".

Wentworth

Voice lessons, lessor suing saying lessee violated lease. Lessee says lessor violated Fair Housing Act by being racist towards black students. Plaintiffs established prima facie case of FHA violation. FHA prima facie case requires proof that: (1) defendants made statement (2) with respect to rental (3) indicating a preference or discrimination based on race.

Hannan

Lessee suing lessor for breach of contract, failure to kick out previous tenant. LL not held liable for prior tenant, LL didn't do anything wrong. A LL may not be held liable for prior tenant holding over because it is unjust to hold one party liable for wrongdoing of another. English rule (LL is liable) v American rule (LL not liable).

Ernst

Go kart track lease, sublessor stops paying rent, lessee is gone. Lessor sues sublessor for rent. Sublessor must pay rent. A sublease is an assignment when the original lessee gave up their right of re-entry, and where intent of parties accords with an assignment. Privity of estate and privity of contract can be separated, a lessor still has privity of contract but a sublessor has privity of estate and may be held liable for breach of lease.

Kendall

Lessor of airplane hanger arbitrarily objects to a sublessee. Lessee sues saying he must only deny for financial reasons. Lessor must lease to sublessee. Policy against restraint on alienation and implied contractual duty of good faith favor rule where a commercial lessor may only withhold consent based on a commercially reasonable objection to assignee or use.

Berg

Lessee running restaurant violates lease, lessor "self-help" evicts them by changing locks. Lessor should not have self-help evicted. "Self-help" removal of a tenant is wrongful as a matter of law where a landlord has access to a speedy judicial process to remove a tenant wrongfully in possession, because self-help evictions often lead to breaches of the peace.

Sommer

Lessee rented for a month, engagement fell through, got discharged from the military. Sent a letter to LL surrendering apartment and two months paid rent. Lessor had another interested tenant, but didn't re-rent, sues for total rent. Lessee cannot get full term of rent, should have re-rented. LL has a duty to mitigate damages where they seek to recover rent from a defaulting tenant (try to re-rent).

Village Commons

Prosecutors rent basement for office, it floods constantly. LL says they should stop using part of it, Prosecutors claim they were "constructively evicted" and stop paying rent. Prosecutors were constructively evicted. Constructive eviction is when a lessor, without intending to oust a lessee, does an act by which lessee is deprived of beneficial enjoyment of part of the premises. Covenant of quiet enjoyment creates a duty on part of landlords to provide suitable premises.

Hilder

Tenant's apt is in disrepair, LL never fixes it though says he will. Tenant suing for all rent she paid on grounds that LL breached warranty of habitability. Tenant gets all rent she paid. An implied warranty of habitability exists in the lease of any residential dwelling unit for the entire tenancy, cannot be waived, does not require a tenant to vacate premises, and holds that a landlord will deliver premises that are safe, clean, and fit for habitation.

Promissory note

The contract "I will pay".

Mortgage

"The house is collateral securing the loan".

Judicial foreclosure

Court does the sale

Power of sale foreclosure

Mortgagee/lender does the sale

Securitization

Selling the loan to a trust, who issues securities backed by the loans and trades them.

Murphy

Plaintiffs house foreclosed, sue lenders for failure to exercise good faith in getting fair price. Lenders bought at their own auction, then resold hours later for more money. Sellers acted in bad faith. A mortgagee must exert due diligence and every reasonable effort to obtain a fair and reasonable price in a foreclosure sale.

McGlawn

Commission finds mortgage broker predatory. Sues. Broker was predatory. Predatory lending is found when: loans have unreasonably high interest rates and fees, lenders targeting vulnerable populations.

Homeowners Associations

Individual homes owned in fee simple. Common areas owned by developer or their assignee. Residents pay dues to upkeep common stuff. Residents have easements to access that.

Condominiums

Each unit owned separately in fee simple by an owner. Exterior walls, land beneath, hallways, common areas owned by unit owners as tenants in common. An association of unit owners make and enforce rules, manage common areas, set maintenance charges.

Cooperatives

Title to land held by a corporation. Residents own all shares of stock in the corp and control it through an elected board. Each resident has long-term renewable lease of a unit. Residents are owners of the cooperative corp through stock and tenants of the corp as well. If one resident fails to pay their share of mortgage or tax, other cooperators must make it up. Screening to ensure a member can pay - People may be denied for any legal reason.

Nahrstedt

P suing to stop homeowner assoc enforcement of anti-cat restriction in condominium. Restriction must be enforced. Restrictions in a common interest development's recorded founding documents are enforceable unless they violate public policy, constitutional rights, or are arbitrary.RetryClaude can make mistakes. Please double-check responses