NY frequently tested: property torts crim

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  1. property: adverse possession: In NY, ownership of real property is transferred to a person who exercises exclusive physical possession of the property for at least 10 years
  2. property: adverse possession: this possession must be continuous, actual, open and notorious, hostile, and exclusve
  3. property: adverse possession: continuous: possession must be continuous and uninterrupted. seasonal or infrequent use may be sufficiently continuous if it is consistent with the type of property being possessed
  4. property: adverse possession:continuous: AP may tack on his predecessor's time as long as they have privity. Not allowed if wrongful (i.e. ouster)
  5. adverse possession: possession must be open and notorious such that a reasonable true owner would become aware of the claim. Uses that are hidden are insufficient
  6. property: adverse possession: hostile: adverse possessor must possess the land w/out the owner's permission. In NY, an adverse possessor must have a reasonable belief that she has a right to the land.
  7. property: adverse possession: exclusive: possession cannot be shared with the true owner.
  8. property: In NY, unless otherwise agreed, no assignment can occur without the landlord's written consent BUT for a sublease, landlord must have a reason to deny consent and failure to respond to tenant's request to sublease is deemed to be consent
  9. tenancy in common: the default when neither joint tenancy nor tenancy in the entirety exists
  10. tenancy in common: only requires a unity of possession (not ITT)
  11. tenancy in common: without the right of survivorship, each tenant can devise or freely transfer his interest to anyone
  12. tenancy in common: if a co-tenant transfers interests via lease, other co-tenants entitled to share possession with the lessee and receive a share of the rental profits from the lessor-tenant in common
  13. joint tenancy: look for terms explicitly stating that it is a joint tenancy or that there is right of survivorship
  14. joint tenancy: tenants must have four unities:

    • unity of possession: an equal right to possess or use the property
    • unity of interest: each interest equal to the others
    • unity of time: conveyed at the same time and in
    • unity of tile: the same instrument
  15. joint tenancy: an interest may not be devised, but may be conveyed to a third party during a joint tenant's lifetime (inter vivos), thereby severing the joint tenancy.
  16. joint tenancy: once transferred inter vivos, right of survivorship destroyed and converted to a tenancy in common. This DOES not destroy the joint tenancy of the remaining joint tenants
  17. joint tenancy: since New York is a lien theory state (majority rule), the mortgage is only a lien on the property and does not sever the joint tenancy absent a default and foreclosure sale.
  18. property: tenancy by the entirety= joint tenancy between married persons with a right of survivorship. a handful of differences:
    • - neither spouse can convey
    • - conveyance doesn't give 3rd party tenancy in common; right to property remains with conveying spouse as a contingent future interest if outlives non-conveying spouse
  19. property: tenancy by the entirety: in NY, spouses take title to real property as tenants by the entirety unless a contrary intention is explicitly stated in the deed.
  20. property: tenancy by the entirety: one spouse may manage his interest and mortgage that share, while protecting the non-debtor spouse from creditors
  21. property: tenancy by the entirety: can only be conveyed with the consent of both spouses. Unilateral transfers are ineffective, and instead will only create a contingent future interest in the property in the event that the contracting spouse outlives the other spouse
  22. property: tenancy by the entirety: dissolved when the spouses divorce, one spouse dies, or upon mutual agreement.
  23. property: tenancies: unless there is an agreement to the contrary, each co-tenant has the right to possess all of the property and one co-tenant may not bind another co-tenant to a boundary line agreement
  24. property: tenancies: b/c each tenant has right to possess entire property, a co-tenant's exclusive use of the property does not, by itself, give rise to adverse possession of the interest of another co-tenant. only after exclusive use does bell toll on SOL for adverse possession (10 years in NY)!
  25. property: tenancies: adverse possession period also begins when on co-tenant ousts another.
  26. property: tenancies: when a co-tenant refuses to allow another co-tenant access to the property, the ousted co-tenant may bring a court action of ouster to gain access to the property.
  27. property: tenancies: since both co-tenants would have right of possession, an ouster only occurs when a co-tenant undertakes _____:
    very obvious and overt acts which unmistakably repudiate the other co-tenant's right to possession.
  28. property: tenancies: if no ouster -> adverse possession for 10 years= implied ouster
  29. property: tenancies: adverse possession in implied ouster= exclusive, continuous, open, and actual possession for a total of 20 years or more (10 of exclusive possession + 10 of adverse possession)
  30. property: in NY, co-tenant entitled to reimbursement for reasonable repairs necessary to preserve or protect the property, but not entitled to reimbursements for improvements made for the co-tenant's own purposes or benefit w/o the agreement of the other co-tenants.
  31. torts: In NY, plaintiff's failure to wear a seatbelt is not admissible as evidence of comparative negligence. For assumption of risk to be viable, P must be voluntarily engaged in an activity with an elevent risk of injury that is obvious and inherent in the activity or that P has knowledge of and expressly assumes.
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NY frequently tested: property torts crim
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