Property Law

 Accession- The right of an owner of property to all that property produces.  Lost property- Created when the owner does not know when or where is disappeared from the owner's possession.  Mislaid property- Placed intentionally somewhere but then forgotten.

 Co-ownership- When two or more persons have ownership rights in the same property.  Joint tenancy- The co-ownership of the same property with the right of survivorship.  Right of survivorship means that if one of the co- owners dies, the other becomes sole owner.

 Tenancy in common- The number of shares owned may be equal or unequal, there is no right of survivorship.  Upon death, shares go to the heirs or beneficiaries.  Tenancy by the entireties- Requires that the people be a married couple. One person can NOT sell the mortgage or subject property without the other's consent.

Bailments  Bailment- The transfer of possession and control of personal property subject to an agreement to return the property or deliver it to a third party.  Bailor- Party who gives up possession of property  Bailee- Party who accepts the possession

 Common carrier- An enterprise that agrees to transport goods for anyone who applies, for a fee.  Rights of common carriers: Enforce rules and regulations Enforce rules and regulations Charge an amount negotiated with the bailor. Charge an amount negotiated with the bailor. Charge demurrage (waiting time) Charge demurrage (waiting time) Enforce a carrier's lien (Retain the goods until charges for transportation and incidental services are paid, or sell the goods to recover the charges. Enforce a carrier's lien (Retain the goods until charges for transportation and incidental services are paid, or sell the goods to recover the charges.

Ownership and transfer of Real Property  Surface rights- The right to occupy the land, develop it with buildings, destroy resources, etc.  Rights to air space above the land- You have the right to everything from your property up into the upper atmosphere. Neighbor's tree branch is hanging over your yard, you have the right to force its removal. Neighbor's tree branch is hanging over your yard, you have the right to force its removal.

 Mineral rights- Rights to the Earth beneath the real property.  Water rights- Control of the water that is on your property  Zoning ordinances- The city regulates what real property can and cannot be used for.

Leasing Real property  Lease- Agreement in which on party receives temporary possession and use of another's real property in exchange for rent.  Rent- Consideration given in return for temporary possession and use of another's real property.

 Landlord- Person receiving rent  Tenant- Person receiving possession and use of real property  Periodic tenancy- Renewable tenancy from week-to-week or month-to-month  Tenancy for years- Lease is for a definite period of time (i.e. 6 month lease, 1 year lease, etc.)

 Eviction- When the landlord deprives the tenant of possession Subletting- When the tenant leases the property to a third person.

Tenant's duties  Duty to pay rent  Duty to take care of the property  Responsibility for torts

Landlord duties  Duty to provide habitable premises If something is broken or needs repair, the landlord is supposed to fix it. If something is broken or needs repair, the landlord is supposed to fix it.  Duty to conform to governmental requirements

Government Requirements  No exposed electrical wiring  Non-leaking roof  Ceiling and walls should be smooth, free of loose plaster and wallpaper  Outside doors and windows should have tight-fitting screens Every unit should have a private bathroom  Gas stoves should be properly vented and connected

Fair Housing Act  Duty to abide by the fair housing act: Can NOT discriminate against someone because of race, religion, sex, color, national origin, handicap, family status (pregnant). Can NOT discriminate against someone because of race, religion, sex, color, national origin, handicap, family status (pregnant).