Property LawProperty Law

Accession- The right of an owner of Accession- The right of an owner of property to all that property produces.property to all that property produces.

Lost property- Created when the owner Lost property- Created when the owner does not know when or where is does not know when or where is disappeared from the owner's possession.disappeared from the owner's possession.

Mislaid property- Placed intentionally Mislaid property- Placed intentionally somewhere but then forgotten.somewhere but then forgotten.

Co-ownership- When two or more persons have Co-ownership- When two or more persons have ownership rights in the same property.ownership rights in the same property.

Joint tenancy- The co-ownership of the same Joint tenancy- The co-ownership of the same property with the right of survivorship.property with the right of survivorship.

Right of survivorship means that if one of the co-Right of survivorship means that if one of the co-owners dies, the other becomes sole owner.owners dies, the other becomes sole owner.

Tenancy in common- The number of shares Tenancy in common- The number of shares owned may be equal or unequal, there is no owned may be equal or unequal, there is no right of survivorship.right of survivorship.

Upon death, shares go to the heirs or Upon death, shares go to the heirs or beneficiaries.beneficiaries.

Tenancy by the entireties- Requires that the Tenancy by the entireties- Requires that the people be a married couple. One person can people be a married couple. One person can NOT sell the mortgage or subject property NOT sell the mortgage or subject property without the other's consent.without the other's consent.

BailmentsBailments

Bailment- The transfer of possession and Bailment- The transfer of possession and control of personal property subject to an control of personal property subject to an agreement to return the property or deliver agreement to return the property or deliver it to a third party.it to a third party.

Bailor- Party who gives up possession of Bailor- Party who gives up possession of propertyproperty

Bailee- Party who accepts the possessionBailee- Party who accepts the possession

Common carrier- An enterprise that agrees to Common carrier- An enterprise that agrees to transport goods for anyone who applies, for a transport goods for anyone who applies, for a fee.fee.

Rights of common carriers:Rights of common carriers:

Enforce rules and regulationsEnforce 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 Enforce a carrier's lien (Retain the goods until charges for transportation and incidental services are charges for transportation and incidental services are paid, or sell the goods to recover the charges.paid, or sell the goods to recover the charges.

Ownership and transfer of Real Ownership and transfer of Real PropertyProperty

Surface rights- The right to occupy the Surface rights- The right to occupy the land, develop it with buildings, destroy land, develop it with buildings, destroy resources, etc.resources, etc.

Rights to air space above the land- You Rights to air space above the land- You have the right to everything from your have the right to everything from your property up into the upper atmosphere.property up into the upper atmosphere.

Neighbor's tree branch is hanging over your Neighbor's tree branch is hanging over your yard, you have the right to force its removal.yard, you have the right to force its removal.

Mineral rights- Rights to the Earth beneath Mineral rights- Rights to the Earth beneath the real property.the real property.

Water rights- Control of the water that is Water rights- Control of the water that is on your propertyon your property

Zoning ordinances- The city regulates Zoning ordinances- The city regulates what real property can and cannot be used what real property can and cannot be used for.for.

Leasing Real propertyLeasing Real property

Lease- Agreement in which on party Lease- Agreement in which on party receives temporary possession and use of receives temporary possession and use of another's real property in exchange for another's real property in exchange for rent.rent.

Rent- Consideration given in return for Rent- Consideration given in return for temporary possession and use of temporary possession and use of another's real property.another's real property.

Landlord- Person receiving rentLandlord- Person receiving rent

Tenant- Person receiving possession and use of Tenant- Person receiving possession and use of real propertyreal property

Periodic tenancy- Renewable tenancy from Periodic tenancy- Renewable tenancy from week-to-week or month-to-monthweek-to-week or month-to-month

Tenancy for years- Lease is for a definite period Tenancy for years- Lease is for a definite period of time (i.e. 6 month lease, 1 year lease, etc.)of time (i.e. 6 month lease, 1 year lease, etc.)

Eviction- When the landlord deprives the Eviction- When the landlord deprives the tenant of possessiontenant of possession

Subletting- When the tenant leases the Subletting- When the tenant leases the property to a third person.property to a third person.

Tenant's dutiesTenant's duties

Duty to pay rentDuty to pay rent

Duty to take care of the propertyDuty to take care of the property

Responsibility for tortsResponsibility for torts

Landlord dutiesLandlord duties

Duty to provide habitable premisesDuty to provide habitable premises

If something is broken or needs repair, the If something is broken or needs repair, the landlord is supposed to fix it.landlord is supposed to fix it.

Duty to conform to governmental Duty to conform to governmental requirementsrequirements

Government RequirementsGovernment Requirements

No exposed electrical wiringNo exposed electrical wiring

Non-leaking roofNon-leaking roof

Ceiling and walls should be smooth, free of loose plaster Ceiling and walls should be smooth, free of loose plaster and wallpaperand wallpaper

Outside doors and windows should have tight-fitting Outside doors and windows should have tight-fitting screensscreensEvery unit should have a private bathroomEvery unit should have a private bathroom

Gas stoves should be properly vented and connectedGas stoves should be properly vented and connected

Fair Housing ActFair Housing Act

Duty to abide by the fair housing act:Duty to abide by the fair housing act:

Can NOT discriminate against someone Can NOT discriminate against someone because of race, religion, sex, color, national because of race, religion, sex, color, national origin, handicap, family status (pregnant). origin, handicap, family status (pregnant).