FINAL RULE SHEET

How did I get this property?

o Do I have 1ST POSSESSION of the property?

  Common law holds "first‐in‐time, first‐in‐right" ‐ that is, a person who (1) controls or holds the
property, with or without a claim of ownership, (2) with an intent to possess, is the original possessor
with greater rights than the world.
o By FIND?
  A finder of lost property is a person who (1) takes control of the property and (2) has the intent of
maintaining possession of the property; he has greater rights to the found property than the whole
world, except for the rightful owner, a prior or rightful possessor, or a person holding through the
rightful owner or possessor.
a. Armory  Rule: A finder (although s/he does not have absolute ownership or
property rights) has a right to possession against everyone except the true
owner of the item
b. MISLAID - McAvory v, Medina

o By CAPTURE of a wild animal?
 A person who gets actual or constructive possession (through landownership or custom) of a wild
animal with its freedom restricted is granted rights to the animal superior to the world.
o By CREATION?
  The first to create something new or novel is rewarded with the right to exclude all the world from
said property [subject to some limitations that are unfair in my opinion (to be discussed later)] .
o Part of my BODY?
 No one can own another person because of unalienable self‐ownership so usually body parts are not
defined as property (for either due process or conversion purposes, at least) for policy reasons. ○
o By ACCESSION?
 Ownership is given to somebody when he mistakenly takes a physical object that belongs to someone
else and transforms it through his labor into a fundamentally different object.
o By TRANSFER ‐ NEMO DAT?
o By a TRUST?
 A trust is three legal personas plus at least one "thing"; the settlor creates the trust and is the absolute
owner; the trustee is the person who receives the trust and is responsible for management; the
beneficiary is the person the trust benefits.
o FIXTURE part of land I got?
  A thing that was originally a movable chattel, (1) by reason of its annexation to, (2) application
and association in the use with land, and (3) the intent of the party making annexation ‐ is regarded as
part of the land.
 A owner of land also owns underneath the land and above the land "to whom the soil belongs, he owns
also to the sky and the depths."
o ADVERSE POSSESSION
 A party may obtain title to real property by AP when she, by acting like having claim of right, (1)
continuously occupies another's land in (2) actual possession that is (3) open and notorious, (4)
exclusive, (5) hostile and adverse for longer than the (6) SoL

Do I have to share this property?

o Is there a CONCURRENT OWNER?

  The 3 ways two or more people each own present possessory interest in the same property are:
 (1) joint tenancy (a single, unified interest in real or personal property which includes the
right to survivorship);

 (2) tenancy in common (a separated, divided interest which does not have right of
survivorship); and
 (3) tenancy by the entirety (which only exists between husband and wife, which includes
survivorship and "indestructibility").
o Am I MARRIED?
 Under modern "community property" approach, any income or property from income (not gifts or
inheritance) acquired during the marriage is considered for the benefit of the community and equally
distributed.

Is someone trying to take away, walk through, or mess up my property (or did he already)?

o Do I really need the ABSOLUTE RIGHT to EXCLUDE?

 Society needs the right to exclude for economic development, privacy, personal autonomy, liberty, and
security
o Did some asshole TRESPASS on my LAND?
 Trespass to land is committed when an individual or the object of an individual intentionally enters the
land of another without a lawful excuse ‐ a party whose land is entered upon may sue even if no actual
harm is done.
o How do I REMOVE the them FROM MY LAND?
 Injunctions, eviction, ejectments, and actions to quite title are concerned about (1) vindicating the
interest a person has in exclusive possession and (2) recovering said possession of land (for example
against a defaulting tenant or a trespasser), who does not have (or no longer have) any right to remain
there.
o Dude is a NUISANCE, how do I make him stop?
 Nuisance requires a (1) substantial (injury required), and (2) unreasonable (gravity of harm
outweighs utility of activity causing harm), (3) non‐trespassory invasion (intangible things) or
interference in another's use and enjoyment of their land.
o How am I going to GET MY stuff BACK
 Replevin is used to recover wrongfully taken personal property.
o Why don't I just use SELF‐HELP
 A person in possession of property can generally use reasonable force to prevent or terminate an
unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of
tangible property ○
o Was my BAILMENT fucked up?
 A bailment is the rightful possession of goods by one who is not their owner; the bailee (person
holding goods) is not an insurer for the goods but is liable for lack of care to various degrees based on
who is benefitted and if the bailment is voluntary or involuntary.
o Can I kick my CO‐TENANT out?
 Regardless of the form of co‐tenancy, each co‐tenant has the right to occupy the entire premises,
subject only to the same right in the other co‐tenants, unless the parties make an agreement to the
contrary. There is no right to collect and no duty to account unless he ousts the other co‐tenant or
depletes the land.

Is the government the asshole trying to take away my property?

o Taking my NAVIGABLE AIRSPACE?

 o In balancing the public interest of using airspace for navigation against a landowner's rights, a
landowner owns only so much of the airspace above their property as they may reasonably use
in connection with their enjoyment of the underlying land, and (2) only for legitimate purposes.
o Taking my NAVIGABLE WATERWAYS?
o A state is responsible for protecting the public's right to use navigable waters, even when the
land below the water is privately owned, and the state cannot relinquish power to private
parties.
o Did the government TAKE my land?
o The 5th Amendment states: "nor shall private property be taken for public use without just
compensation", so the government may use it's eminent domain power to take private property
for public use as long as there is just compensation.
o Did I get JUST COMPENSATION?
o Just compensation for a taking is determined at fair market value, assuming the highest and best
use for the property, not considering the government's planned use or any assembly costs.
o Is the government taking for PUBLIC USE?
o The government is limited to takings for public use, including developing economic plans where
the (1) primary purpose is to benefit the public and (2) the plan originated in the government,
(3) especially in cases where the land is blighted.

How do I rent my property out?

o What type of LEASE is it?

o There are four types of estates that involve the T‐L relationship: (1) a tenancy for years, (2) a
periodic tenancy, (3) a tenancy at will, and (4) the tenancy at sufferance.
o Does the STATUTE OF FRAUDS apply?
o Any lease for more than 3 years must be in writing and signed.
o Did I delivery ACTUAL POSSESSION?
o English (majority) rule is that L has obligation to deliver actual possession of property to T, and T
has a right to terminate the lease and recover damages if the prior T holds over and the L does
not oust him.
o ○ What are the TENANT'S DUTIES to me?
o The T has a duty to pay rent (which most courts today hold this as a dependant covenant), duty
to restore, and behave reasonably per the lease. If the T materially breaches, L is usually entitled
to do so, either expressly by terms of lease, or through court action (summary proceedings and
damages for holdovers), and perhaps nonviolent self‐help.
o How do I KICK TENANT OUT and REPOSSESS my property?
o A landlord may legally repossess property with no liability if (1) the landlord had a legal right of
possession, and (2) the landlord used peaceable means of reclaiming possession. ○
o Did I CONSTRUCTIVELY EVICT my tenant?
o Constructive eviction occurs where there is a (1) breach of duty by L, (2) that causes substantial
interference with a T's right to quiet enjoyment, and (3) the T demonstrates the uninhabitability
by abandoning the premises within a reasonable time thereafter.
o Or did I BREACH an IMPLIED WARRANTY OF HABITABILITY?
o Today many states hold that if L leases a residential premise to T, he also makes an implied
warranty that it is in good enough condition to be lived in and if L breaches this warranty, T may
withhold rent or use rent to make repairs himself, as long as T can provide evidence of the
breach.
o WTF do I do AFTER T ABANDONS the premises?
 o If a T abandons and doesn't pay rent, L can (1) treat as and accept surrender, and sue for
difference in rent and FMV; (2) re‐let premises for T and sure for difference in rents; or (3) do
nothing and sue for all of rent ‐ unless there is a duty to mitigate.

o Did my tenant SUBLEASE his right to occupy?

 A sublease is a transfer by Told of less than his entire interest, and Tnew is not liable for
rent to L .
o ○ Did my tenant ASSIGN his right to occupy?
 An assignment is a transfer by Told of his entire interest in the leased premises. Tnew
becomes primarily liable to L and Told becomes secondarily liable. Tnew is liable only for
promises made by Told whose burden runs with the land (touch and concern), such as
burden to pay rent. ○