Chapter 3 Law Notes

Acquiring REAL Property Contract Contract Gift Gift Inheritance Inheritance Other Other ADVERSE POSSESSION ADVERSE POSSESSION EMINENT DOMAIN EMINENT DOMAIN DEDICATION LAND DEDICATION LAND

Acquiring Property ADVERSE POSSESSION ADVERSE POSSESSION Acquiring the land of another by CONTINUOUSLY OCCUPYING it for an extended period of time (10 years) Acquiring the land of another by CONTINUOUSLY OCCUPYING it for an extended period of time (10 years) LEGAL TERMS Without the consent of the owner Without the consent of the owner Visible to the public Visible to the public

Acquiring REAL Property EMINENT DOMAIN EMINENT DOMAIN The taking of private property for the use of the public, by a city, a person, an association of a corporation. The taking of private property for the use of the public, by a city, a person, an association of a corporation. LEGAL TERMS CONDEMNATION PROCEDING—a hearing to determine fair compensation for the owner. If the owner is not satisfied with the offer, the owner may demand a trial by jury to set a just price. CONDEMNATION PROCEDING—a hearing to determine fair compensation for the owner. If the owner is not satisfied with the offer, the owner may demand a trial by jury to set a just price.

Acquiring REAL Property DEDICATION LAND DEDICATION LAND An offering of property to a city, state, or other governmental body for its use or ownership by a private party. An offering of property to a city, state, or other governmental body for its use or ownership by a private party. LEGAL TERMS The offer must be accepted, or the transfer is not effective. The offer must be accepted, or the transfer is not effective.

Acquiring PERSONAL Property ACCESSION ACCESSION The right of an owner to an increase in the value of the property The right of an owner to an increase in the value of the propertyEXAMPLES Farmers planting crops on their land for harvesting Farmers planting crops on their land for harvesting Animal breeders and their rights to the offspring Animal breeders and their rights to the offspring

Acquiring PERSONAL Property FINDERS OF LOST OR MISLAID Property FINDERS OF LOST OR MISLAID Property LOST LOST Property whose true owner has no idea of where it is. Property whose true owner has no idea of where it is. Truly Lost property may be kept by the finder. Truly Lost property may be kept by the finder. MISLAID MISLAID Property placed somewhere but then forgotten. Property placed somewhere but then forgotten. MUST REMAIN WITH THE PARTY CONTROLLING WHERE IT WAS FOUND. MUST REMAIN WITH THE PARTY CONTROLLING WHERE IT WAS FOUND.

Types of NonFreehold Estates (LEASES) Periodic Tenancy (leases) – for a stated period of time with payment due at a specific time. Periodic Tenancy (leases) – for a stated period of time with payment due at a specific time. Renewal of the lease is automatic unless a termination notice is given by the landlord/Lessor or the tenant/Lessee. Renewal of the lease is automatic unless a termination notice is given by the landlord/Lessor or the tenant/Lessee.

Types of NonFreehold Estates (LEASES) Tenancy for years is a lease for a definite period of time. IT MAY BE FOR MORE THAN OR LESS THAN A YEAR. Tenancy for years is a lease for a definite period of time. IT MAY BE FOR MORE THAN OR LESS THAN A YEAR. At the end of the lease period this tenancy terminates automatically. At the end of the lease period this tenancy terminates automatically.

Types of NonFreehold Estates (LEASES) Tenancy at Sufferance is created when a tenant does not leave on the day the lease ends. The tenant becomes a HOLDOVER. Tenancy at Sufferance is created when a tenant does not leave on the day the lease ends. The tenant becomes a HOLDOVER. Tenant is LIABLE for rent for the holdover period or be evicted. Tenant is LIABLE for rent for the holdover period or be evicted.

Types of NonFreehold Estates (LEASES) Tenancy at WILL is created when a party possesses land with the owner’s permission but without agreement as to rent or time. Tenancy at WILL is created when a party possesses land with the owner’s permission but without agreement as to rent or time. This agreement may be terminated at any time with minimal notice from either party. This agreement may be terminated at any time with minimal notice from either party.

Tenant Rights Constructive eviction- if a landlord does not provide livable premises and the tenant is forced to leave, the landlord may be liable for the tenant’s alternative housing. Constructive eviction- if a landlord does not provide livable premises and the tenant is forced to leave, the landlord may be liable for the tenant’s alternative housing.

RESTRICTIONS on REAL PROPERTY RESTRICTIVE CONVEANTS RESTRICTIVE CONVEANTS Variances Variances EASEMENTS EASEMENTS Appurtenant-given to neighbors to drive across your land to get to their land. Transfers with sale of the land. Appurtenant-given to neighbors to drive across your land to get to their land. Transfers with sale of the land. Gross-access given to utility companies. Gross-access given to utility companies.

Tenant Rights Sublease or Assignment of the Lease– unless the lease restricts the tenant by terms of the original lease, tenants may transfer only part of the rights to a third party. Sublease or Assignment of the Lease– unless the lease restricts the tenant by terms of the original lease, tenants may transfer only part of the rights to a third party.

Bailment Temporary transfer of Possession Temporary transfer of Possession Four Characteristics Four Characteristics 1. Subject is personal property 1. Subject is personal property 2. Temporary transfer of possession 2. Temporary transfer of possession 3. Temporary transfer of control 3. Temporary transfer of control 4. Parties intend for the item to be returned 4. Parties intend for the item to be returned Two Parties Two Parties Bailor, party that gives up possession Bailor, party that gives up possession Bailee, party who recieves possession Bailee, party who recieves possession

Problems with Bailments MOST PROBLEMS ARISE OUT OF THE DEGREE of CARE the BAILEE must exercise 1. Extraordinary Care 2. Ordinary Care 3. Minimal Care

When is Extraordinary Care needed? Businesses which benefit from bailment agreements Businesses which benefit from bailment agreements Hotels; Common Carriers and Airlines Hotels; Common Carriers and Airlines Gratuitous Bailments – where the bailee solely benefits from the bailment Gratuitous Bailments – where the bailee solely benefits from the bailment The bailee is strictly liable for any damages, loss or injury to the goods. The bailee is strictly liable for any damages, loss or injury to the goods.

When is Ordinary Care needed? Mutual-Benefit bailments – both parties receive a benefit from the agreement. Mutual-Benefit bailments – both parties receive a benefit from the agreement. Ordinary care means that the bailee will only be liable for the property, if the bailor proves negligence or careless of some fashion occurred. Ordinary care means that the bailee will only be liable for the property, if the bailor proves negligence or careless of some fashion occurred.

When is Minimal Care needed? When the bailment is for the sole benefit of the BAILOR the duty of care for the property in question is only minimal. When the bailment is for the sole benefit of the BAILOR the duty of care for the property in question is only minimal. Minimal care means; to not ignore, waste, or destroy the property. Minimal care means; to not ignore, waste, or destroy the property.

How do you END and Bailment? Time elapses as agreed upon Time elapses as agreed upon Purpose has been accomplished as agreed upon Purpose has been accomplished as agreed upon IF NO TIME OR PURPOSE IS STATED IF NO TIME OR PURPOSE IS STATED Bailor, Asking for the return of the property ends the agreement Bailor, Asking for the return of the property ends the agreement Bailee, Returns the property when completed with the task Bailee, Returns the property when completed with the task DEATH, INSANTITY OR BANKRUPTCY may terminate the bailment, but not always. DEATH, INSANTITY OR BANKRUPTCY may terminate the bailment, but not always. IF a contracted time bailment agreement was used the bailment is transferred to the estate or guardian. IF a contracted time bailment agreement was used the bailment is transferred to the estate or guardian.