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Property Law

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.

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Property Law

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  1. Property Law

  2. 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.

  3. 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.

  4. 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.

  5. 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

  6. Common carrier- An enterprise that agrees to transport goods for anyone who applies, for a fee. • Rights of common carriers: • Enforce rules and regulations • Charge an amount negotiated with the bailor. • 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.)

  11. Eviction- When the landlord deprives the tenant of possessionSubletting- When the tenant leases the property to a third person.

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

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

  14. 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 screensEvery unit should have a private bathroom • Gas stoves should be properly vented and connected

  15. 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).

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