- This Subject Outline allows you to search for terms of art that correspond to topics you are studying to find related CALI Lessons.
- The Property Law Index lists all CALI lessons covering Property Law.
Subject Outline
- Possession and Transfer of Personal Property
- Distinction between Real Property (land) and Personal Property or Chattels
Distinction Between Real Property and Personal Property (PPL13)- Historic Distinction
- Tangible Real Property
- Chattels
- Things In Between: Fixtures and the Like
- Intangibles
- Wild animals
- Ownership through capture
- Escape
- Exception for trespassers
- Rights of possessors
- Right of owner to possess
- Physical possession
- Intent to control
- Constructive possession
- Custody
- Right of owner to transfer rights
- Right of owner to possess
- Accession (adding of new value to a chattel)
- By natural growth
- By labor of another
- Willful wrongdoer
- Innocent wrongdoer
- By trespasser to realty
- Addition of goods owned by another
- Bona fide purchasers
- Bailment ("the rightful possession of goods by one who is not the owner")
- Bailments (PPL65)
- Differ from Bailments in contracts course - here K implied or non-existent
- Title remains in bailor
- Characteristics
- Problems of fungible goods (ex. grain in an elevator)
- Distinguished from a sale
- Possession and physical control by bailee
- Intent by bailee to assume custody and control
- Intent to take possession and exercise control need not be voluntary
- Standards of care imposed on the bailee
- Older view
- Was bailment for the benefit of the bailor or the bailee or both?
- Modern view
- Bailee must exercise ordinary care under the circumstances
- What "circumstances" do courts consider? Bailment that results from Contract
- Public policy considerations
- Older view
- Duty of Bailee to redeliver
- Demand by bailor
- Demand may be unnecessary if goods destroyed
- Wrongful termination of the bailment by the bailee
- Liability inferred in goods not returned
- Liability for conversion
- Bailee's Rights
- Right to possession and use
- Right to compensation and expenses
- Right to exercise a lien
- Right to sue a third party
- Bailor's rights against third parties
- Against bono-fide purchasers
- Against those who damage or destroy the goods
- Intervivos Gifts
- Gifts I: Inter Vivos Gifts (PPL25)
- Elements of an Inter Vivos Gift
- Understanding Intent and Delivery
- Functions of "intent" and "delivery"
- Permissible types of delivery
- Delivery in Special Circumstances
- Delivery to a third party (escrow)
- Gifts of intangibles and undivided interests
- When delivery is excused
- Conditional Gifts
- Testamentary Gifts
- Gifts II: Testamentary Gifts, Causa Mortis Gifts and Gifts of Future Interests (PPL31)
- Testamentary Gifts
- Causa Mortis Gifts
- Gifts of Future Interests
- Present and Future Interests
- Intent and Delivery Requirements
- Distinguishing Inter Vivos Gifts of a Future Interest from a Testamentary Gift
- Finders of lost property
- Finders of Personal Property (PPL64)
- Rights of possessor over all except the owner
- Chattels abandoned by their first owner
- Abandoned when owner intentionally gives up rights
- Property lost when owner involuntarily parted with property
- Obligations of finders of lost property
- Goods found on property of another
- Goods found under the soil vs. treasure trove
- Goods found by trespasser
- Goods found by employee
- Mislaid property
- Wrongful Possession
- Fixtures
- Defined
- Transfer of ownership of an item
- Conversion of a chattel to a fixture
- Severance conversion of a fixture to a chattel
- Landlord and tenant rules
- Distinction between Real Property (land) and Personal Property or Chattels
- Adverse Possession
- Lecturette -- Historical underpinnings and policy overview
- Statutory Interpretation
- Adverse Possession: An Introduction
- Adverse Possession: An Introductory Lesson (PPL15)
- Adverse Possession: Open and Notorious Possession (PPL11)
- Mechanics of Adverse Possession (Pt. II)---How Adverse Possession Operates
- The Function of the Open and Notorious Standard
- Applying the Standard to Boundary Encroachment Disputes---The Relevance (or Irrelevance) of The True Owner's Knowledge of the Encroachment
- Adverse Possession of Open Lands
- Color of Title and Constructive Adverse Possession
- Adverse Possession: Color of Title and Constructive Adverse Possession (PPL22)
- Defined
- Shortening the Limitations Period
- Constructive Adverse Possession
- Exclusive and Continuous Possession for the Statutory Period
- Adverse Possession: Continuous and Exclusive Possession for the Statutory Period (PPL20)
- Exclusive Possession
- Continuous Possession
- Continuity
- Transfers and Tacking
- Interrupting the Statutory Period
- Conduct that Interrupts the Statutory Period
- Tolling (Non-running) of the Statutory Period
- Hostility of possession
- Adverse Possession: Hostile Possession or Possession Under Claim of Right (PPL10)
- The Significance of Permission
- Evaluating Hostility:
- The Majority (Objective) Approach
- Minority (Subjective) Approaches
- Review: Survey of Adverse Possession
- Related Doctrines
- Servitudes including Easements and Promises Concerning Land
- Easements
- Defined
- Negative easements in contrast to Affirmative easements
- Negative Easements - In Contrast with Affirmative Easements (PPL17)
- Creation of negative easements
- Types of negative easements
- Easement appurtenant and Easement in gross
- Easements Appurtenant and in Gross (PPL19)
- Defined
- Distinguishing easements appurtenant from easements in gross
- Scope of easements
- Conflict between rights of easement users and owners of the servient tenement
- Implied vs. Express Easements
- Express Easements (PPL18)
- Defined
- Creation
- Easements by Express Reservation and by Express Grant
- Easements by Express Reservation and by Express Grant
- Implied Easement of Necessity
- Implied Easements of Necessity (PPL36)
- Purpose of implying the easement
- Requirements for the implication of the easement
- Severance of the dominant and servient parcels
- Necessity
- Timeframe
- Continuation
- Statutory aspects
- Prescriptive Easements
- Prescriptive Easements (PPL37)
- Purposes underlying the easement's recognition
- Requirements to Support Acquisition
- Tacking
- Prescriptive use
- Chapter of dominant or servient estates (dominant) -
- Rights and duties of servient owners & easement holders --
- Termination of easements --
- Profits a prendre - right to take
- Defined --
- Relation to an Easement
- Creation: Profits appurtenant or in gross
- Termination of profits
- Licenses
- Licenses Contrasted: Easements by Estoppel (PPL48)
- Defined
- Types of licenses
- Covenants running with land (a.k.a. real covenants)--
- Defined
- Reason for real covenants
- Termination of covenants
- Comparison between Restatement & Traditional Common Law rules
- Requirements for creation:
- Covenants, Equitable Servitudes and Restrictions 1: Creation (PPL55)
Real Covenants and Servitudes of Land (Podcast) (PPL55P)- Formalities
- Intent
- Touch and concern
- Privity of estate
- Enforcement of a covenant
- Covenants, Equitable Servitudes and Restrictions 3: Who Has the Right to Enforce Covenants and Equitable Servitudes? (PPL57)
- Covenants, Equitable Servitudes and Restrictions 4: Against Whom May One Enforce the Promise? (PPL58)
- Covenants, Equitable Servitudes and Restrictions 5: Defenses to Enforcement (PPL59)
- Rights and duties of parties
- Burden and benefit
- Defense to enforcement
- Validity and Scope
- Easements
- Possessory Estates
- The Estate System (PPL04)
- The Estate System: A Review (PPL62)
- Historical underpinnings of tenure explained
- Fee Simple
- Fee simple absolute
- Fee Simple Absolute (PPL14)
- The Concept of an Estate in Land
- Possession
- Potential Duration
- Freehold vs. Non-Freehold Estates
- Characteristics of the Fee Simple Absolute
- Creation of a Fee Simple
- Fee simple absolute
- Fee Tail Simple
- Estate in Fee Tail (PPL26)
- Historical Origins of The Fee Tail Estate
- Legal Characteristics of the Traditional Fee Tail Estate
- Modern Fee Tail and Fee Simple Conditional Estates
- Treatment of the Fee Tail Under Modern Statutes
- Defeasible Estates
- Interpreting the Language of Conveyances (PPL07)
- Rules of construction of language
- Fee simple determinable
- Relation to specified event
- Buzz words for creation
- Fee simple subject to a condition subsequent
- Grantor's rights and relation to a specific event
- Buzz words for creation
- Fee simple subject to an executory interest
- Statute of Uses
- Creation in third parties
- Defeasible life estate
- Defeasible non-freehold (estate for years)
- Life Estates
- Life Estate (PPL30)
- Definition and Creation
- Characteristics of Life Estate
- Restraints on Alienation
- Direct and Indirect Restraints
- Disabling, Forfeiture and Promissory Restraints
- Restraints on Fee Simple Estates promissory restraint
- Absolute Restraints on Fee Simple Estates
- Restraints on Fee Simple Estates Limited as to Time
- Restraints on Fee Simple Estates Limited as to Transferees
- Restraints on Fee Simple Estates Limited as to Manner of Alienation
- Doctrine of Cy Pres
- Future Interests
- Future interest defined
- Types of future interests
- Rights Grantors can Retain
- Rights Grantees can Hold
- Remainders
- Executory
- Rules applied to future interests
- Rule in Shelley's case
- Future Interest Rules (PPL60)
- Rule defined
- Reason for the rule
- Relation to the doctrine of merger
- Today's view of the rule
- Doctrine of Merger
- Future Interest Rules (PPL60)
- Doctrine defined
- Application
- Doctrine of Worthier Title
- Future Interest Rules (PPL60)
- Doctrine defined
- Reason for the doctrine
- Relation to inter vivos conveyances
- Today's status of the doctrine
- Rule in Shelley's case
- Doctrine of Waste
- Rule Against Perpetuities
- Rule Against Perpetuities 1: Common Law Rule Against Perpetuities (PPL34)
- Rule Against Perpetuities 3: Reforms - Uniform Statutory Rule Against Perpetuities (PPL42)
- Rule Against Perpetuities 2: Reforms - Cy Pres and Wait-and-See Doctrines (PPL44)
- Rule Against Perpetuities Podcast (PPL34P)
- Traditional CL RAP
- Initial modifications to RAP
- USRAP
- Concurrent Ownership
- Basic concurrent estates
- Joint tenancy
- Joint Tenancy (PPL21)
- Landlord and Tenant: An Introductory Lesson (PPL23)
- Introduction & Definitions
- Right of Survivorship
- Common Law: Four Unities of Title
- Unity of time
- Unity of title
- Unity of interest
- Unity of possession
- Recognition of joint tenancy today
- Severance
- Tenancy in common
- Tenancy in Common (PPL12)
- General Concepts
- No Right of Survivorship
- Parties Need Not Have Equal Interests
- Different Estates
- Different Fractional Interests
- At Common Law
- Today
- Tenancy by the entirety
- Tenancy by the Entirety (PPL24)
- Defined
- Right of survivorship
- Relation to marital property in many states
- Status today
- Creation
- Unity of Time
- Unity of Title
- Unity of Interest
- Unity of Possession
- Unity of Marriage
- Husband and wife must act together
- Termination
- Joint tenancy
- Relations between co-tenants
- Relations Between Co-Tenants (PPL29)
- Right to Possession
- Accountability to Other Tenants; Contributions to Expenses
- CO-tenants Fiduciary Relationship
- Right to Partition
- Multiple ownership of buildings as in co-ops and condos
- Problems in Property Law Series I (PPL01)
- Problems in Property Law Series II (PPL02)
- Problems in Property Law Series III (PPL03)
- Co-ops
- Types of co-ops
- Restrictions on sales
- Rent
- Unitary financing
- Use and occupancy restrictions
- Condos
- Defined
- Legal organization
- Use and occupancy restrictions
- Marital Estates
- Common Law Marital Interests
- Management rights
- Divorce
- Death or succession
- Community Property
- Management rights
- Divorce
- Death or succession
- Common Law Marital Interests
- Basic concurrent estates
- Landlord and Tenant
- Introduction to Landlord Tenant
- Historic Origins
- Basic Terms
- Types of estates
- Leasehold estates
- Rent
- Functions of Leases
- Conveyance and Contract Theories
- Statute of Frauds
- Landlord and Tenant: Statute of Frauds (PPL28)
- Basic Principles
- Sufficiency of Writing
- Effect of Violation
- Short-term Lease Exception
- Types of Leasehold estates
- Tenancy for years
- Landlord and Tenant: Tenancy for Years (PPL27)
- Choice of Length
- Certainty of Duration
- Lease to Commence in Future
- Method of Termination
- Renewal Terms
- Periodic tenancy
- Landlord and Tenant: Periodic Tenancy (PPL33)
- Express Agreement
- Implied Agreement
- Notice of Termination
- Timing Rules for Notices
- Hybrid Leases
- Tenancy at will
- Landlord and Tenant: Tenancy at Will (PPL39)
- Defined
- Creation
- Termination
- Holdover tenants (Tenancy at sufferance)
- Landlord and Tenant: Tenancy at Sufferance (Holdover Tenants) (PPL40)
- Defined
- Holdover doctrine
- Doctrine favors the landlord
- Rights of the subsequent lessee if tenant holds over
- Tenancy for years
- Tenant's rights of possession and quiet enjoyment
- Tort liability of landlord and tenant
- Tenant's duties and rights
- Rent
- Rules today vs. under common law
- Non-payment of rent
- Eviction
- Abandonment and surrender
- Damages
- Defenses to rent
- Landlord and Tenant: Constructive Eviction (PPL53)
- Illegality
- Frustration of purpose
- Taking by eminent domain
- Destruction of the premises
- Eviction and constructive eviction: implied covenant of quiet enjoyment
- Doctrine of Waste - duty to avoid waste
- Voluntary waste
- Permissive waste
- Ameliorating waste
- Rent
- Condition of Premises
- General principles
- No duty to repair
- Exceptions
- Implied covenant of habitability
- Fitness of the premises & caveat emptor
- Commercial Leases
- Tenant's remedies
- General principles
- Transfer and sale by lessor
- Relation of parties common law and today
- Assignment vs. subletting by lessee
- Defined
- Rights and liabilities of landlord and assignee/sublessee
- Covenants against assignment or subletting
- Fair Housing Act
- Introduction to Landlord Tenant
- Rights Incident to Land
- Nuisance
- Water rights/underground/Riparian Lands - See also, the Environmental Law Subject Outline
- Public trust doctrine
- Zoning and Other Public Land-Use Controls
- Historical overview
- Legal Limits
- Takings and land-use controls as Takings
- Eminent domain/inverse condemnation
- Constitutional challenges
- Wetlands: Takings
- Zoning Principles
- Zoning and development proposals/PUDs
- Administration of land control uses
- Exclusionary
- Subdivision regulation
- Historical and environmental
- Preservation
- Land Sale Contracts, Mortgages, Deeds, and Real Estate
- Contracts
- The Estate System (PPL04)
- Formal requirements under the Statute of Frauds
- Land Sales Contracts
- Contract for Purchase and Sale 1: Formation and Terms (PPL43)
- Marketable title
- Types of deeds to be executed
- Warranty of marketability
- Option Contracts in Real Estate
- Letters of Intent
- Condition of Property
- Contract for Purchase and Sale 1: Formation and Terms (PPL43)
- Caveat emptor
- Affirmative misrepresentation
- Warranties of new home construction
- duties to disclose
- Equitable conversion
- Contract for Purchase and Sale 1: Formation and Terms (PPL43)
- Characterization
- Risk of Loss
- Remedies
-
Contract for Purchase and Sale 2: Remedies and the Merger Doctrine (PPL51)
- Damages
- Specific Performance
- Other equitable remedies
-
- Financing
- Financing Real Estate Transactions: A Basic Introduction (PPL45)
- Mortgages in general - terms defined
- Installment land sale contracts
- Deeds of Trust
- Deeds/types of deeds
- Defined
- Merger Doctrine
- Formalities
- Adequacy of the physical description
- Description of the boundary
- Boundary disputes
- Description of the boundary
- Delivering deeds
- Delivery when the grantor retains the deed
- Delivery when the deed has been physically transferred
- To the grantee
- To a third party
- Conditional Delivery
- Acceptance of the deed
- Three types of deeds
- Relation of deed to covenants granted
- Title Insurance
- Title covenants
- Present & Future Covenants
- Estoppel by deed
- Real Estate
- Contracts
- Recording System and Title Assurance
- Recording system
- Defined
- Common law priorities
- Recording statutes and 3 requirements
- Types of Recording Acts:
- Recording Acts (PPL09)
- Notice
- Race-notice
- Pure race
- Title mechanics of recording
- Recording outside the chain of title
- Instruments that are subject to the recording acts
- Recording Act protects parties
- Results of a failure to record
- Reforms in recording acts
- Inquiry Notice
- Title insurance - (with Deeds)
- Method of title assurance
- Notice and Knowledge LCS13
- Knowledge
- Imputed Knowledge
- Notice
- Actual Notice
- Adequacy of Notice
- Constructive Notice
- Judicial Notice
- Implied Notice
- Imputed Notice
- Inquiry Notice
- Record Notice
- Recording system
