Just For Fun Quiz / Six Mini Law Classes (Property) Sparkle

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Can you name the Six Mini Law Classes (Property) Sparkle?

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Facts CaseHolding
D moves trailer over P’s land after P objects; court upholds 100K punitive damages despite only nominal injury.Right to exclude is a fundamental stick in bundle of rights. Does not require compensatory damage to find punitive damages.
P lives below airplane route and sues airplane company for trespassAd coelum only applies when you are using that airspace #e.g., in constructing a tall house.
Dispute over ownership of cave, only one property owner has entrance on his propertyAd Coelum is not absolute and must be measure against competing interests and actual possession of Property
Dispute between neighboring owners over a water well and a septic tank(1) When both uses are good uses and they conflict, first-in-time wins. #Moving quickly when your neighbor is supposed to do something is within domain of fair competition. (2) Nuisance balancing test.
Fox hunt Possession of wild animal requires mortal wounding or capture through hunter's industry and labour, that manifests the pursuer's unequivocal intention of appropriating the animal to his individual use.
Whale HuntFollowed the Custom of the Trade: When a whale has been killed, and is anchored and left with marks of appropriation, it is the property of the captures even when e.g., that whale is found by another ship. Requires 'unequivocal marks of appropriation.'
D used shot gun to scare ducks away from P’s Duck trapP was engaged in a legal profession upon legally owned land. Limits: had D set up his own decoy pond to seduce ducks, that would not be interfering with P's profession. Couldn't count the ducks because P had yet to take possession of those ducks. The damage claim would really only be for disturbance of P's enjoyment in the land.
Barry Bonds Homerun Ball disputeAlthough Hayashi has first established possession of the ball, Popov had a 'pre-possessory interest' In being allowed to complete the catch without interference from the mob.
Dispute over gas rightsCapturing re-injected gas below your property is conversion
Indians sold land vs. Gov sold landIndians are (1) occupants in peace who (2) possess the land but (3) cannot transfer title.
AP and INS dispute right to Hot NewsThere is a quasi property interest in news collected by an agency against other news collection agencies. It is unfair business competition for a news collection agency to distribute the news collected by another news collection agency.
Ford Commercial used a voice identical to a famous singer, she sued'We hold only that when a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs and have committed a tort in California.' a.k.a. 'common law right of publicity.'
D took Ps trees and made them into barrel hoopsWhen A adds labor to B's raw materials, court usually award product to B, unless A's efforts have sufficiently increased its value, then B just gets cost of material taken
Buyer and Seller of house argue over fixtures (mirrors, chandeliers, etc.) (1) Actual annexation (2) Use or Purpose (3) Objective intention (4) Expectations of the buyers:
Ownership of bees in a tree(idk about this) Routine Loci: captured wild animals belong to owner of the land where they are captured
Cave dispute Adverse Possession: Elements [5 = (1) Actual; (2) Exclusive; (3) Continuous; (4) Adverse; (5) Open & Notorious]
D utilized land she was not her, built part of driveway on it and a propane tank (bad faith)Good Faith requirement for Adverse Possession (minority rule)
Deed for summer beach homes referred to property adjacent to the properties three families where living in(1) A claim of adverse possession is NOT defeated because the physical use of the premises is restricted to summer occupancy. (2) Tacking problem solved by (i) mistaken belief, (ii) subsequent occupancy, and (iii) constructive privity.
Producer took singer’s IP, estate suingThree rules for triggering SoL: (1) Demand & Refusal, (2) Discovery Rule, (3) Moment of Conversion
Chimney sweep finds jewel, pawn shop keeps it with no payFinder of a jewel, though he does not by such finding acquire an absolute property or ownership, has such property to keep it against all but the rightful owner and maintain trover.
F1 finds logs in stream, takes and ties them up, Supposedly they get loose F2 “finds” the logsFinder1 lost the logs and didn't abandon those logs. Finder2 found the logs but has subordinated rights to Finder1. Thus, Finder1 gets the logs
P cut logs but showed no consent from owners to cut said logs; thus P is converter1. D took those logs once P dropped them off after hauling; thus D is converter 2.Converter2 doesn't have a claim against Converter1
Meteorite, falls on land he is renting out, Tenant sells itA permanent annexation to the soil of a thing in itself personal makes it part of the realty
Brooch found by solider in unoccupied house, he turns over to police they give it to house owner who never been to the property beforeFirst finder of a thing has a good title to it against all but the true owner, even though the thing is found on the property of another person. 3 Exceptions:
Spleen removed in operation and used to help develop medicine Moore does not have continued ownership interest in those cells once they left his body
Site Specific art work in a park, park designer wants to move it, artists doesn’t want it movedArt will be relocated and not destroyed, don't want to lock up the land
Native American ArtificatsNAGPRA’s two elements: (1) Ongoing cultural importance (2) Inalienability
Dispute over control of waterPublic Trust Doctrine makes some public goods inalienable
Oceanfront property owner want to build fence on dry sand area of their property, dry sand=private, wet sand=public Yes, the state can, under public right via custom, prevent the defendant landowners from enclosing the dry-sand area contained within the legal description of their ocean-front property.
D and P ran mills off of river, drought and P upriver diverts the water in stream and uses it allA higher proprietor must allow a lower proprietor water for his needs, not his wants. His needs take precedence over lower wants
Up stream built dam so no water down stream, downstream owners destroyed the damAppellees may build a dam to channel water onto his property under the doctrine of priority of right by priority of appropriation.
City bought small areas in large farm land and built wells to take a ton of water for the cities needsReasonable use a.k.a. American rule. Reasonable use means that the city in drawing the water would not interfere with plaintiffs' enjoyment of the land. Cf. Nuisance
Remy Martin Remy Boyz Conglomerate
Tribune alleges that another station infringed on its radio station wavelength Priority of Time creates a superiority of right
Resturant owner renovates the place he is working at (he need approval o do so but never sought it) Landowner said that’s eviction worthy and padlocked the door with the sheriff Modern rule is that no self-help unless a tenant abandons or voluntarily surrenders property OR it is a commercial landlord-tenant relationships.
Ford credit repo’d carSelf Help here was fine because it was peaceable
Intel sues ex employee for sending unwanted emails on their network distracting workersTrespass to Chattell requires interference with use and enjoyment
Landowner lets farm workers live on his property and denied gov. aid workers access to see them (landowner permitted access to them in his office only)Property Rights do not grant dominion over other people
Casino wants to keep out card counterRight to Reasonable Access Doctrine for Places Open to the Public
Restrictive Covenant on deed that did not allow the sell of the land to an African American There was state action in the trial court enforcing the convenient so it violates 14th amendment
Landlord did not want to rent to unmarried couple because of religion Landlords religious argument was enough to allow them to discriminate against non married couples
Bought ticket to horse race, but then was forcibly removed by stadium ownerLicenses are revokable at will
Car stolen out of enclosed parking garage, where they took a ticket and they had to present it on the way outBailment has been created when the owner parked his vehicle for custody and safe keeping in the parking garage, where there was limited access and where the patron had to present a ticket to an attendant upon leaving the premises.
Bonds get miss-delivered and then someone cashes them inYes, when D took dominion over the bond, D incurred absolute liability even though D was an involuntary bailee and had duty to deliver the bond back to the right P, which D failed to do.
Bailee’s ship was crashed into by negligent ship, and all the cargo of U.S. mail was lostBailee has indépendant cause of action against tortfeasor
Found they couldn't build a house on their land in a development community and was worthless, they tried to abandon the plot of land and stop paying taxes and HOAsCant really abandon real property without a move by a third party
Will mandated that the residents she lived at be destroyed and then the plot of land sold, neighbors didn’t want thisAgainst public policy can't destroy the house, have to leave it built but can still sell it
Willed farm to three of his daughter, as long as they didn’t marry Will did not give the daughters full interest in the farm and it goes back to the estate upon their death or marriage
Library gifted to city under condition it is used as a library it is no longer and next party wants the interestWhen deed reveals an unquestionable intent to limit the interest of the first grantee (Klamath Falls) to a fee simple on a special limitations, Courts do not create an indefeasible estate in the first grantee when a subsequent executory interest (Shallock and Daggett) is void under rule against perpetuities. Instead, the grantor (corporation) retains an interest known as the possibility of reverter.
Will to granddaughter and her heirs on her father’s side only after hershe has the power to convey an unqualified fee because the qualification (i) violates numerus clausus and (ii) restricts alienability
Life tenant wants to tear down mansion (loosing money in paying taxes) and build profitable apartment high-riseBrokaw is not allowed to demolish the building and build apartments.
Rented apartment not up to code, tenants stop paying rentLandlord has to keep the land up to code and to the same condition in which the Tenant moved in at
Widow loses bequeathed estate if she gives a penny to any family memberThe condition is void against public policy via restraint on alienation.
Sale of property with lease back option avoid taxes, also contained a buy back optionRAP applies to corporate transactions
D occupies the dwelling and a portion of the land from which she operates a garbage removal business; ~1 acre. She only runs the business of hauling garbage trucks from the land--sShould not be a partition in sale: Partition in sale ordered only in two situations: (i) the physical attributes of the land are such that a partition in kind is impracticable or inequitable and (ii) the interests of the owners would better be promoted by a partition by sale.
Two TICs own farm, one grazed so much other could not graze their animals thereThere was an ouster and he has to pay damages and allow access
One of two joint tenants mortgaged the land and then died1) A lien on a joint tenant's interest in property will not effectuate a severance of the joint tenancy, absent the conveyance by deed following the expiration of a redemption period. (2) Property right of the mortgaging joint tenant is extinguished at moment of his death
Wife helped husband through medical school, shortly after graduation they divorcedLicense is marital property and marital property is subject to equitable distribution.
Tenant leased land, but a kings army invaded and he never got to use the land, so he did not pay his rent#Sucks2Suck still have to pay rent #DealWitIt
Farmer bought land to herd his cattle, it had lead paint chips and they died#Sucks2Suck still have to pay rent #DealWitIt
 
Tenant leased land for full use of the premise, landowners owner adjacent property and built a wall that infringed on Tenants leased land, tenant stopped paying rentNo tenant did not breach because the landlord had partially evicted tenant and thus tenant doesn’t need to pay whole rent.
Landowner rented to many residential tenants, in same building started leasing to a bar, with a noise restriction in lease that the landowner weakly enforcedSince disturbing condition was the natural and probable consequence [foreseeable] of the landlords' permitting lounge to operate where it did and because landlords could control the actions at the lounge, they should not be entitled to collect rent because the residential premises were not reasonably habitable.
Taco bell gets 20 year lease, but then city doesn’t approve their building, so Taco Bell doesn’t pay rent on lease, they tried to surrender the property back to the landownerAcceptance of surrender is created by operation of law when the parties to a lease do some act so inconsistent with the landlord-tenant relationship which implies 'their intent to deem the lease terminated.'
Tenants and landowners shifted hands a few times, but the original T1 and L1 had a 3 g security deposit, when the lease finally ended T3 wanted deposit from L3 It does not obligate the successor landlord to refund it where the lease permits but does not require that the deposit, if forfeited, be used for the benefit of the leased property. Thus, a promise to return a security deposit does not run with the land.
Original lease had fire provision that would terminate the lease if one occurred, T1 transferred lease to T2 a fire occurs, T1 has no obligation to L1 but still wants money from T2It was an assignment because of the plain language of the instrument. So even though T1 lease ended with landowner after the fire, T2 still needs to pay rent to T1
Lessor had in contract that he has to approve of any transfers of lease, he does approve this one for no reason besides moneyLessor cannot withhold unreasonably on two grounds: (i) policy against restraints on alienation and (ii) implied K duty of good faith and fair dealing.
Broadway is a bank that lends money to person who appears to be rich, but turns out he has no money, but rather a trust find with bi yearly allowances, cant pay bank back, bank wanThe trust itself is inattachable by the beneficiary's creditors
Artist dies and leave 800 paintings, 3 executors to handle the estate they make shady deals with gallery they have interests in to sell the paintingsThere was breach of fiduciary duty from all three trustees; appreciation damages appropriate.
Left money in will to Princeton for the use of further researching his specific paperWhere fulfillment of the specific charitable intent cannot be had, equity will in the exercise of the power apply the property to a similar charitable purpose in accordance with the more general charitable intent.
Mine operation near residents creates, noise, dust, and vibrations
New person moves next to brick maker and builds huge house with oriental trees, Brick makers new/increase process kills the treesYes there was nuisance. Yes, injunction appropriate.
Blasting operationDamage are appropriate remedy for nuisance
Operation of Feed lot that created flies and smells, then developer came in and turned surrounding area into residential and wants to shut down feed lotYes it is a nuisance and the feed lot must stop but the developer has to pay damages to the feed lot
Seller land locked themselves inGrantor cannot receive an easement of necessity; he did this to himself
Kindly allowed landlocked neighbors to use his service road to build a land locked house, then he wanted them to sign contract limited his liability and giving him some cash, they Elements of implied and prescriptive easement
 
Had easement for use on one specific property and then they acquired another adjacent property and tried to use same easement to service adjacent propertyMisuse is not sufficient for termination unless authorized and unauthorized uses are inseparably intermingled; but can't continue to do the misuse activity
 
 
 
Planned residential community, but only 53/91 lots were sold with residential restriction, 1st house sold had restrictionReciprocal negative easement; common plan/scheme
 
Residential community which had restrictions on Businesses run in homes, P ran a licensed day care out of her homeday care is against the restrictions on she can't operate one
P lived in Condo and had 3 cats, there were restrictions against animals for health reasons Recorded CC&R enforced unless unreasonable
CoOp with “neighbor from hell” made false claims about a neighbor board voted him out with super majorityDefer to the Corporations Board
Owned many properties in a community that they were renting out, HOA changed bylaws to prevent this behaviorBylaws cannot contradict master deed w/r/t renting
Land owner was realty company and they were zoned out of industrial land use, argued that this was a huge loss to them (industrial worth most)Zoning is constitutional under 14th (and 5th by implication), Police Power was granted by the state to the local government
Owner zoned out of running his business on the land, he wishes to maintain his prior non conforming use
City zoned so only single family homes and large lots; thus driving down taxes but also preventing the poor from enteringzoning reflects STATE police power, so the general welfare of those beyond the municipal borders must be considered
CT redevelopment plan for the city of New London; done through eminent DomainCity plan serves a public purpose, and therefore meets 5th reqs. The “reasonable certainty” of public benefits accruing is inappropriate scrutiny when leg’s purpose is legitimate and the means are not irrational
Had back to back 99 year leases for $1, but land/building was worthless and city was going to condemn and offered them 300 gs, they said they wanted 1.2 mil to replace leaseUnit rule protects public and private interests. ED terminates leases, so the condemnor purchases the fee simple estate. This balances public interest in only paying FMV (no room for higher value because of private agreements) with owner’s interest in getting FMV. This rule also cuts of consequential and incidential damages to lessess, so the condemnor is not a guarantor of those contracts (unlike the “fairness doctrine” advocated in court of appeals)
Sold above ground land to private parties to build homes on, retained underground part of land to mine coal from, statute prohibited further mining due to structural issuesHolmes does the elements: Holmes minimized the public interest (“single private house”); Holmes looks at diminution as all the coal being taken; there is a mining estate so a property right is violated; and there is K (naked redistribution rather than reciprocal advantage) DISSENT: Brandeis does the elements: there are many “single private houses” in addition to public buildings, cities, RR stations, etc (anti nuisance); diminution of value is relative to the whole property, not just to the take
Grand Central Terminal was deemed a historic land mark and any substantial renovation (not necessarily term from case) was barredWhole parcel is the denominator; PC factors; DISSENT: Air rights are their own stick (denominator); there is singling out here
Apple trees vs. Red Cedars with cedar rust When forced to such a choice (between the destruction of cedar or apple trees in this case) the state does not exceed its constitutional powers by deciding upon the destructionof one class of property in order to save another which , in the judgement of the leg is of greater value to the public.
Cable company right of access to put cables lines and boxes in all NY buildingscharacter of government action: permanent physical occupation (not just taking a strand from the bundle, it chops through the bundle and takes a slice from every strand)
Bought ocean front land to build houses on (houses all over the beach next to him) NC passes an act to prevent permanent structures to stop beach erosion (after he bought the land an affirmative decree eliminating all economically beneficial uses can only be sustained if an objectively reasonable application of relevant precedents would proscribe those uses in the circumstances
Want to build huge house on beach, city said that this would block visuals to the beach, so give us some land to build side walk to beach and we will permit your buildEstablishes “essential nexus” between the taking and the purpose. Here the was no real connection between permit for building a taller building and the city asking for a lateral easement. You can almost say that it lacks a rational basis
Wanted permit to build hardware store, city said we want green space with public access for drainage, and bike path for the increase traffic, and we will permit your buildnature and extent of the condition and a kind of 'rough proportionality'
Fl. was dumping a ton of sand infront of beach front properties to protect from hurricanes, but moved them many yards from being beach front. Homeowners wanted title to new found/cCourt decides that there is no change in Florida property law here. Takings is only generated if Florida SC wiped out a property right. The court is unanimous that there is no taking

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