Prop new 6
Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
Acquisition by Creation
Get right over property not idea. Cheney Brothers.
Creator has title to chattel of creation, not idea
Open and Notorious (AP)
True owner could/should know on property. Look to actions of AP.
Possessors must be in Reasonable connection/privity with each other to tack on time.
Continuance of statutory period if in privity.
Dont want bad faith trespassers benefitting
Disability (SOL for AP)
Age, mental capacity, imprisonment at time of trespass
End of SOL plus 10 years.
Liability based remedy (AP)
AP injured owner's rights, compensate for title
Property based liability (AP)
AP or owner. Who has rights?
AP loses; Bad Faith/ Knowing
remove at own expense MODERN
AP Loses; Good Faith/did not know
Compensate O for encroachment
AP Loses. Traditional
Doesnt matter mind state; REMOVE ALL
AP loses, but improves O property
O keep improvements, but compensate AP
Interrupted Possession (AP)
If not by owner, AP can tack previous years
What would you like to do?
Home > Flashcards > Print Preview