Property Midterm

• To effectively memories legal case holdings for assessing states of title.

States of Title

• Fee Simple: Highest form of land ownership, including buildings, also called fee simple absolute.
• Fee Tail: Interest in land requiring passage to children, created using "the heirs of his body."
• Life Estate: Interest lasting for the life of a person, usually the holder, not included in a will but transferable during the holder's life.
• An estate is a Life Estate Pur Autre Vie if it is measured by the life of someone other than the holder.
• The person who obtains the life estate after the holder passes away is the remainder.
• Leasehold Estate: Agreement granting property use for a set time; essentially renting, with legal protections for both lessee and lessor.
• Landlords need to keep real estate habitable, even if a lease omits this detail.
• Fee Simple Defeasible: Property can revert to the owner if a condition is met.

Fee Simple Defeasible Types

• Fee Simple Determinable: Automatically ends if a condition is violated; uses "so long as," "while," "until," "during."
• The grantor retains possibility of reverter.
• Fee Simple Subject to Condition Subsequent: Doesn't end automatically, grantor must act to reclaim land; uses "but if," "provided that," "on condition that."
• The grantor has right of reentry.
• Fee Simple Subject to an Executory Limitation: Automatically transfers to a third party if a condition is met, using wording similar to other defeasible fees.

Important Definitions for Assessing States of Title

• Alienable: Transferable during the holder’s lifetime.
• Devisable: Can pass by will.
• Descendible: Can pass via intestacy statutes if the holder dies without a will.
• Defeasible: Can be voided if a condition is met.
• Vested Remainder: Guaranteed to mature into inheritance, with no conditions besides the end of the previous estate.

Types of Vested Remainder

• Indefeasibly Vested Remainder: Certain to become possessory and cannot be taken away.
• Vested Remainder Subject to Complete Defeasance: Vested but can be defeated by a future condition.
• Vested Remainder Subject to Open: Vested, but the class of remaindermen can expand in the future.
• Contingent Remainder: Future property interest is uncertain; transfer depends on meeting a condition or unknown recipient identity.

“Class Being Open”

• When some beneficiaries of a group are designated to receive interests but the exact members are undetermined, more individuals could join the class later on.
• The class is considered "open" until the possibility of new members is closed, which usually occurs when the relevant life estate ends.

Secondary Definitions

• Issue: Children, grandchildren, etc.
• Ancestors: Parents, grandparents, etc.
• Collateral: Sisters, brothers, nieces, nephews, etc.
• Escheat: Property taken by the state when assets are unclaimed, a will or trust is defective, or legal heirs are incompetent.
• Filius Nullius: A child born out of wedlock, who could not inherit from either parent under common law.
• Adoption wasn't relevant under common law until 1926.
• Next of Kin: Persons who succeed to an intestate’s personal property.
• Devisees: Persons who take real property under a decedent’s will.
• Legatees: Persons who take personal property under a decedent’s will.
• Spouses were not an heir at common law but were only given dower or courtesy in land.

Types of Gifts

• Inter Vivos Gift: Between two living people, irrevocable, requires intent, delivery, and acceptance.
• Testamentary Gift: After the donor’s death, complies with the Statute of Wills (writing, witnesses, voluntary intent).
• Gift Causa Mortis: In contemplation of death, requires intent, delivery, and acceptance, revocable, and death must occur from the feared infirmity.
• Replevin: Court order to seize wrongfully possessed property, allowing recovery of property and compensation for losses.
• Trover: Legal action for damages due to conversion of personal property, involving chattels held in bailment.

Extra Principles

• Under common law, "To A and his heirs" creates fee simple; "To A" creates a life estate.
• Lost Item Doctrine: Finder has a superior claim to a lost item over everyone except the true owner.
• If found on private property, the landowner may have a stronger claim.
• Mislaid Item Doctrine: Premises owner holds a mislaid item (intentionally placed and forgotten) for the true owner; the finder has no claim.
• Abandoned Item Doctrine: First person to possess an abandoned item gains full ownership with no obligation to return it.
• Adverse Possession (COHAE):
• Continuous: Uninterrupted possession for the statutory period.
• Open and Notorious: Visible and obvious possession, putting the true owner on notice.
• Hostile: Possession without the owner’s permission.
• Actual: Physical use of property as an owner would.
• Exclusive: The possessor cannot share control with the true owner or the public.
• Claim of Title: Possession based solely on continuous, exclusive, and hostile use without any document.
• Color of Title: Possession based on a defective document that appears to give title.
• Words of purchase indicate who receives property; words of limitation define the type of estate.
• Without proper words of limitation, a conveyance may default to a life estate instead of a fee simple.

Types of Estates

• A freehold estate gives the owner full ownership of a property.
• A non-freehold estate gives the tenant temporary use of the property.
• Freehold examples include fee simple absolute and fee simple defeasible.
• Non-freehold estates are also known as leaseholds.
• Non-freehold examples include an estate for years, an estate from year to year, and a tenancy at will.
• Covenant: A deed's promise restricts a property's use.

Cases to Remember

• Johnson v. M’Intosh (1823): U.S. title is superior to Native American title; European nations had exclusive rights to acquire land from indigenous peoples upon discovery.
• Pierson v. Post (1805): Pursuit of a wild animal does not grant ownership; capture is required.
• Ghen v. Rich (1881): Local customs determine ownership rights in legal disputes.
• Keeble v. Hickeringill (1707): Cannot maliciously interfere with another's lawful business activities.
• Popov v. Hayashi (2002): Established "qualified pre-possessory interest," leading to split ownership of a baseball due to crowd interference.
• Significant steps towards acquiring property grant a limited claim to its possession.
• Armory v. Delamirie (1722): Finder of lost property has a right to it against all but the true owner.
• Hannah v. Peel (1945): Finder of brooch in unoccupied house allowed to keep it; persuasive authority.
• McAvoy v. Medina (1866): Property owner must hold mislaid property for the true owner; binding precedent in Massachusetts.
• Van Valkenburgh v. Lutz (1952): Adverse possession case in New York State regarding property use and structures.
• Mannillo v. Gorski (1969): Mistaken belief about property boundaries can support adverse possession; binding precedent in New Jersey.
• O’Keefe v. Snyder (1980): Established the "discovery rule" for stolen artwork; the statute of limitations begins when the owner discovers the whereabouts.
• Newman v. Bost (1898): Valid gift causa mortis requires clear intent and proper delivery; actual delivery is required if possible.
• Gruen v. Gruen (1986): Valid inter vivos gift can be made even if the donor retains a life estate; binding in New York.
• Maffe v. Loranger (2021): Engagement ring case; the giver is entitled to its return in Connecticut, regardless of fault for the breakup.
• Knopf v. Gray (2018): The instruction in will that property should be "passed on" creates a life estate for the beneficiary.
• Baker v. Weedon (1972): Court should explore options for life tenant needs without harming remaindermen's interests; binding only in Mississippi.
• Paul Smith’s College v. Roman Catholic Diocese (2021): The original grantor can reclaim property if use condition is breached due to a "reversionary interest" clause; binding only in New York State.