First Come First Served

Possession:		facts indicating physical control / intent to exclude others
        v.
Ownership:	is having legal title, and is proven by producing documents signed by the previous owner------Johnson v. M’Intosh------

Protecting Possession: facilitates trade, it’s an effective way to protect ownership, it rewards for making                     
                                                    Productive use of property, and eases the allocation of resources

Wild animals & Riparian Rules:   for  the finder to become a prior possessor he must acquire physical control   
                                                                    over the object and have an intent to assume dominion over it. 

Constructive Possession:    is decided by the “eyes of the court”; generally depends on how the object is 
                                                          found ------Staffordshire Water Co. v. Sharman---------- 

As a general rule, the finder is entitled to possession unless the property was found in a highly private place 
or unless the finder was trespassing. 

	It really all depends on if: 	the finder is a trespasser
				If the finder is on the premises for a limited purpose
				If objects are found under the soil
				If objects are found in a private home
	If objects are found in a public place (i.e. lost/mislaid)

Bailments:         	is the rightful possession of good by one who is not the true owner.
	A bailment is created when the bailee (1) assumes actual physical control (2) and has the requisite intent  possess        -----------Winkfield Case-----------

Acquisition and Possession, “First  Come, First Served”

First  in time rule:  “the first one to take possession owns it”

Locke’s Labor Theory:  “encourages the most productive use/ownership of land
Contrasting Policy:	sometimes conservation is in the best interest of society

Rule of capture: “ferae naturae” capture of wild animals is required merely chasing is not enough.
		-----Pierson v. Pope------
	
	rewarding capture:       (1) serves a purpose (i.e. provides fur)
			     (2) its easier to administer than to reward pursuit
     (3) tends to reward outdated principles (i.e. today, preservation is also      
           important)

*note:    capture can be negated by custom or state regulation -----Glen v. Rich-----

Animus Rivertendi:   wild animals that develop a habit of returning to a specific person’s land may not be      
                                    captured there because it is believed that the owner has domesticated them.

Doctrine of Accession: when one person adds to the property of another either labor or labor and new 
                                        Materials

Mistaken Trover: similar doctrine to that of accession which deals with real estate, this doctrine deals with    
                              the adding of value to property (ex. building a house on someone else’s property)

Both the doctrine of Accession and Mistaken trover will compensate the wrong doer by either awarding  them title to the improved land and having them compensate the true owner or the owner may retain title and be forced to pay the difference in the increased value of the land to the improving party. 

The Doctrine of Relation Back: states that something relates back to the beginning (or the first party as long 
                                                      as the work is done in “good faith”/ due dilligence.

Acquisition by Creation: 	states that if you create something and you are the first in time, then that 
                                                something is most certainly yours to exploit.  **the underlying theme here         
                                                seems to be Locke’s Labor Theory-----Moore v. Regents of the Univ. of Cali----

Gifts: 	requirements are   (1) intention; this means intent to pass title not just possession
(2)	delivery; comes from the medieval livery of seisin/ expresses finality of 
        exchange [(symbolic) constructive or actual]
(3) acceptance;   ends previous owners term of ownership

	two types of gifts: (1) inter vivos-gift made during the donor’s life[once this gift is made it is 
                                                  irrevocable]
		             (2) causa mortis-gift made upon contemplation of immediate death[this is 
  		   revokeable if donor recovers or dies from some other peril]
-----Gruen v. Gruen-----(inter vivos)
-----Newman v. Bost----(causa mortis)

Adverse Possession [OCEAN]

-In order to file suit against an adverse possessor the owner must have a cause of action either by trespass or ejectment------Van Valkenburgh v. Lutz-------

Adverse possession by estoppel:     whereby someone substantially changes his position in reliance on such 
          representations or conduct. In this case the one who changed his position  
          upon incorrect facts may estopp the wrongful party from retracting the  
          misleading information.

Adverse possession of chattels:   the old rule states that the statutes of limitations begin when the AP 
                                                     satisfies the open and notorious requirement.
 			      the new rule states that the statues of limitations begin to run when the 
        			      owner knows or through dilligence should know of the cause of action              
                                                     ----O’Keefe v. Snyder-----	

Freehold Estates

Estates: 	fee simple absolute
             	fee simple determinable----Ink v. Canton----
	fee simple conditional -----Mahrenholz v. Co. Board of School Trustees----(defeasible estates)
	fee tail
	
	life estate-----White v. Brown-----
	remainder-----Baker v. Weedon----

undue restraint on alienability-----Mountain Brow Lodge v. Toscano-----

Co-Ownership

Tenancies in Common: two or more person own separate undivided interest in the whole of a piece of 
                                      property. The tenants also have the right sell or otherwise alienate their share of the 
                                      property.  –no right of survivorship-
Joint tenants: two or more persons own an undivided share of the property with the right of survivorship.                      

4 requirements:      
1.	Unity of time. Their interest must have come from the same grant (can be achieved through a  strawman)

2.	Unity of title. The tenants must have an equal share in title

3.	Unity of interest. Each tenant must have the same type of estate

4.	Unity of possession. Equal right to possess the whole 

Landlord and Tenants

A lease is a conveyance of a leasehold estate whereby the tenant is entitled to possession of the estate which the tenant has the duty of maintaining. 
A leasehold is the only interest that gives the holder the right to possession. Other interests such as an easement or license entitle the holder to use another’s land but do not give possession
	*the more space is limited the more likely a lease has been created
	*the more specific the boundaries the more likely a lease has been created
	*a lease usually calls for periodic pymt (whereas an easement is usually purchased by one lump 
                 sum)
	*a lease is usually limited in time (whereas an easement is not)
	***a lease may be oral, whereas an easement (as subject to the statute of frauds) requires written 
                     documentation***
	***under a lease, a tenant can bring ejectment, trespass, or nuisance actions***

Housing Discrimination

Section 1982 of the US Code- protects against discrimination based on ethnic characteristics
Fair Housing Act of 1968-       makes it unlawful to refuse to sell or rent a dwelling to any person because of 
race, color, religion, national origin, sex handicap, or familial status
--it prohibits advertising or any discriminatory public statement concerning  
   preference--
1968 exceptions: single family dwellings [can’t own more that three such dwellings, can’t use a broker and 
                            can’t advertise in a discriminate manner]

PFC for section 1968 or 1982:
1.	member of protected class
2.	applied for and is qualified to rent or purchase housing
3.	was rejected
4.	housing opportunity remained available to white person
------US v. Starrett City Associates------

Sublease and Assignments -----Ernst v. Condit-----

English rule:     landlord has the duty to deliver actual possession as well as the right to possession at the 
 beginning of term. Thus if the previous tenant hasn’t moved out and the landlord doesn’t take action in    
 a   reasonable amount of time…the landlord is in default.
American rule: the landlord has no duty to deliver actual possession at the commencement of the term.
                         ----Hannah v. Dush----

Covenants

Real Covenants: 	an agreement that runs with the land

Personal Covenants:  enforceable only against the original parties to the arrangement

Condition of the Premises

Quiet Enjoyment:	 (deals with residential housing only) a tenant has a right of quiet enjoyment of the    
                                  premises without interference by the landlord. 

	Constructive eviction: requires 1. substantial interference 2. tenant must vacate the premises 3. 
    fault of the landlord

	Actual eviction: tenant physically evicted

Implied Warrant of Habitability- because a modern urban/residential tenant does not have the time to 
                                                       inspect the premises and put them into a habitable condition, this warrant 
                                                       protects tenants from violations of the housing code and from latent 
                                                       defects of the property (or that the property has no defects vital to the use 
                                                       of the premises for residential use. 

Tenants Duties: 	1.     pay rent                                     Landlords Duties:   1.   to deliver possession and 
2.	not to damage the property                                               not to interfere with Quiet 
3.	not to disturb other tenants                                               Enjoyment 
4.	not to use the property illegally

Easements

5 types:  estoppel, an expressed grant, prescription, by necessity (requires two tracts of land which were 
              divided),  and by implication (also requires that the land was once divided)

Appurtenant Easements- require that there are two pieces of land in question(run with the land)
         In Gross Easements- only require one tract of land (do not run with the land)

Covenants

Covenants v. Equitable servitudes

When a covenant is violated one seeks monitary damages whereas when an equitable servitude is violated one seeks an injunction

4 elements of an equitable servitude: the restriction must be in writing 
			            the parties bound or benefited had notice
		                            the creator of the restriction intended that the restriction run w land
                                                            touching and concerning the land