Property Law Fundamentals

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NicestCornett
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18 Questions

What is the primary concept of property law that emphasizes the idea of ownership as a collection of rights and limitations?

Bundle of Sticks

What is the principle that states the first person to discover and occupy a previously unknown land has the right to it?

Discovery Rule

What is the concept of 'capture' in the context of property acquisition, as seen in the Pierson v. Post case?

Intercepting and killing a wild animal

What is the theory that suggests that the person who puts in the labor to transform or improve a property should have the rights to it?

Labor Theory

What is the 'Exception' to the control requirement in the context of property acquisition, as seen in the Ghen case?

Local custom

What is the concept of 'Bundle of Sticks' in the context of property rights, and what can happen to these 'sticks'?

Rights to possess, which can be separated and split

What is the term for the process by which a person's land is transferred to the state if they die without an heir?

Escheat

Which type of estate lasts for an indefinite period of time?

Freehold

What is the term for the interest in land that is not limited by time or condition?

Fee Simple

What type of waste occurs when a life tenant changes the purpose of the property, even if it increases its value?

Ameliorative Waste

What is the term for the person who inherits property according to the law?

Heir

What is the term for the type of estate that is limited to the lifetime of a person?

Life Estate

What is the term for a surviving wife's interest in her deceased husband's inheritable land?

Dower

What type of property ownership system is characterized by equal ownership of property earned during the course of a marriage?

Community Property

What is the purpose of an Elective Share statute?

To give a surviving spouse the option of taking what the decedent provided for in a will or under intestacy

What type of property is not subject to the debts or contracts of a spouse?

Separate Property

What is the term for a type of estate that is limited by the rights of a tenant?

Leasehold Estate

What is the typical share of a decedent's estate provided for by statute in an Elective Share system?

1/3 to 1/2

Test your understanding of the basics of property law, including the themes of property rights, relationships, and value. Learn about the 'bundle of sticks' concept and how it relates to possession, transfer, use, and exclusion.

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