Monday, December 12, 2011

Property Mnemonics

Requirements for Adverse Possession:

Let's say you want adverse possession of an ax you found on the cusp of the arctice cirle railway:

"Ax ON Artcic Cirlce Railway cusp"

A X:  Entry must be Actual with Exclusive Possession
O N:  Open and Notorious
A C R:  which is Adverse Under a Claim of Right,
C U S P:  Continuous and Uninterrupted for the Statuatory Period


Rights of Owners?  Think of the movie, "My Cousin Vinne".  All aspiring lawyers should be able to recite every line in this movie from memory.  Especially when the Judge asks about "Two Utes?"

So, remember, 2 UTE

or U U T E

Use
Usefruct
Transferrability
Exclusion

A Bailment transfers right of ownership to one who is not the owner.

Bailment creates R7O.  Or ROOOOOOO
Right
Of
Ownership
tO
One
whO is
nOt the
Owner

Duties and Standards of Negligence for Bailments

BEE
MOO
BSG

Bee.  Moo.  Battle Star Gallactica.

If the Bailment benefits the bailee, he must use extreme care and is liable even for slight negligence.
If the bailment is of mutual benefit, bailee must use ordinary care and is liable for ordinary negligence.
If the bailment benefits the bailor, bailee must use slight care and is liable for gross negligence.

Easier to visualize in a grid. 

Along the top row, put:  Benefits - Standard of Care - Liable For
Second Row:  Bailee - Extreme Care - Even slight negligence (to avoid confusing this with Bailor, think "Bee".  Bailee.)
Third Row:  Mutual - Ordinary Care - Ordinary Negligence
Fourth Row:  Bailor - Slight Care - Gross Negligence
(No real way to memorize this, but contrast with Bailee:  Slight care is at the opposite end of the spectrum from Extreme care.  Gross Negligence is at the opposite end from Slight Negligence.)


The Four Unities of a Joint Tenancy With Right of Survivorship

TIP IT

Time
Interest
Possession
Instrument/Title


The Five Unities for a Tenancy by Entirety:

Same, but add "Marriage".

Tip Tim?

Time
Interst
Possession
Title/Interest

Marriage

Requirements to Acquire by Finding? 

We found an IED under our APC.  It was an APC IED.

IED APC

Intent to Exert Dominion
Assert Physical Control

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