Property law Study Guide

📖 Core Concepts Property Law – Governs ownership rights in land and personal property; distinct from contract and tort law but interacts with both. Legal Meaning of Property – The set of rights a person has in or over an object, not merely the thing itself. Core Rights – Traditionally: (1) Right to exclude, (2) Right to use, (3) Right to transfer. Bundle‑of‑Rights View – Property is a collection of permissible uses (e.g., possession, exclusion, disposition) shaped by law and policy. Real vs Personal Property – Real = land & fixtures (immovable); Personal = chattels, movable goods, and leasehold estates (treated as personal because they arise from contract). Possession Principle – Whoever possesses land or goods may sue anyone interfering unless the interferer proves a superior right. Transfer – Consensual (sale, gift, inheritance, trust) vs non‑consensual (intestacy, bankruptcy, tax sale, eminent domain). Concurrent Estates – Joint tenancy, tenancy in common, tenancy by the entirety – each creates different survivorship and transfer rules. 📌 Must Remember Locke’s Proviso: appropriation must leave “enough and as good” for others. Blackstone’s Core: the right to exclude is the essence of property. Wilson’s Three Degrees: (1) possession, (2) possession + use, (3) possession + use + disposition. Fixtures: chattel affixed to land → treated as real property. Eminent Domain: State may take private property for public use iff just compensation is paid (Kelo v. New London expanded “public use” to economic development). Joint Tenancy Survivorship: surviving joint tenant(s) automatically receive the deceased’s share (right of tenancy by the entirety applies only to married couples). Tenancy in Common: shares can be unequal; upon death, share passes by will or intestacy. Licenses vs Property Interests: Licenses do not create enforceable property rights against the world. Ius in Re: a right in a thing enforceable against all (e.g., ownership). Rei Vindicatio & Replevin: actions to recover possession of real (rei vindicatio) or personal (replevin) property. 🔄 Key Processes Establishing Priority in Competing Claims Identify each party’s claimed interest → examine source (title, contract, deed, etc.) → apply priority rules (first in time, first in filing, or statutory hierarchy). Converting a Chattel into a Fixture Test: (a) degree of annexation, (b) intention of the parties, (c) purpose of attachment. If “intended to become part of the land,” treat as real property. Eminent Domain Procedure (1) Declaration of public use, (2) Notice & appraisal, (3) Offer of just compensation, (4) Condemnation proceeding, (5) Transfer of title. Creating a Joint Tenancy Four unities: possession, interest, time, title → all owners acquire equal undivided interests at the same time via the same deed. 🔍 Key Comparisons Property Rights vs Contractual Rights Property: enforceable against everyone (in rem). Contract: enforceable only against the contracting party (in personam). Real Property vs Personal Property Real: immovable, includes land & fixtures. Personal: movable chattels, leaseholds (personal because they arise from contract). Joint Tenancy vs Tenancy in Common Joint: equal shares, right of survivorship, requires four unities. Common: may be unequal, no survivorship, each owner can transfer independently. License vs Easement License: revocable, no property interest. Easement: non‑possessory property interest, runs with land. ⚠️ Common Misunderstandings “All property rights are the same.” → Rights vary (exclude, use, disposition) and can be split among parties. “A lease is real property.” → Leasehold estates are personal property because they arise from contract. “Eminent domain can take any property for any purpose.” → Must be public use and provide just compensation; Kelo’s economic‑development rationale is controversial but still permissible. “Fixtures are always real property.” → If the annexation was temporary or non‑intentional, the chattel may remain personal property. 🧠 Mental Models / Intuition “Bundle of Rights” as a toolbox – Imagine a toolbox (property) containing specific tools (rights). Different jurisdictions or policies add/remove tools. “Core = Exclusion” – The simplest way to test if something is property: ask, “Can the owner stop anyone else from using it?” If yes, you have the core right. “Four Unities = Glue” – Joint tenancy only sticks together when possession, interest, time, title are identical; break any one and the glue fails, converting it to tenancy in common. 🚩 Exceptions & Edge Cases Tax Sale – Government can forcibly sell property without the owner’s consent, but the purchaser obtains a title subject to existing liens unless cleared by statute. Easement vs License – An easement may be created by implied use over time (prescription); a license never acquires that durability. Corporate Ownership – Corporations can own property, but piercing the corporate veil may expose shareholders if the corporation is used to evade law. Escheat – If no heirs exist, property reverts to the state; some jurisdictions require a waiting period and diligent search for heirs. 📍 When to Use Which Choose “Real Property” analysis when the asset is immovable or when a chattel has been affixed with intent to become part of the land. Use “Personal Property” rules for movable chattels, leaseholds, and when assessing conversion or detinue remedies. Apply “Joint Tenancy” when parties desire automatic survivorship and equal ownership; otherwise, default to “Tenancy in Common.” Invoke “Eminent Domain” only for public‑use projects; for private development, examine Kelo precedent and any state‑specific limitations. 👀 Patterns to Recognize “Right to Exclude + Use + Transfer” → If a question lists only two of the three, identify which core right is missing. Fixture Analysis – Look for annexation + intent + purpose; if any element is weak, expect a personal‑property outcome. Concurrent Estate Language – Words like “equal shares,” “right of survivorship,” or “married couple” cue you to joint tenancy, tenancy in common, or tenancy by entirety respectively. Easement Creation – Phrases “grant,” “grantor,” “servient,” “dominant” signal an easement (property interest), not a mere license. 🗂️ Exam Traps Distractor: “A leasehold estate is real property because it concerns land.” – Wrong: leaseholds are personal property (contract‑based). Distractor: “A license creates an enforceable property right against third parties.” – Wrong: licenses are personal, revocable, no in‑rem protection. Distractor: “All concurrent estates have right of survivorship.” – Wrong: only joint tenancy (and tenancy by the entirety) have survivorship; tenancy in common does not. Distractor: “Eminent domain requires only a declaration of public use.” – Wrong: also requires just compensation; Kelo shows public use can be broadened but compensation remains mandatory. Distractor: “Fixtures are always excluded from the seller’s liability for prior liens.” – Wrong: unless the fixture is removed, the seller’s lien may survive if not satisfied. --- Review each bullet before the exam; the concise phrasing is designed for rapid recall.