LEB320F Meakin C 2013 Spring Week 5 Lecture 9 February 14 Outline of Last Lecture II What s something s value III Exploit IV Real Property V Personal Property VI Fixtures VII Johnson v Hicks VIII Test to determine fixtures A Annexation to reality B Use for the land C Intent to make permanent IX Types levels of ownership X Leases XI Non possessory interests A Easements XII License XIII Profits XIV Mortgage XV Concurrent ownership XVI Deeds XVII Chain of Title Outline of Today s Lecture Chapter 33 Cont XVIII Deeds XIX Issues XX Baler v Zingelman XXI Storage XXII Other transfers A Adverse possession XXIII Sexton v Wagnon XXIV Eminent Domain XXV Purdie v Attorney General XXVI Zoning XXVII Restrictive covenants XXVIII Warranty of habitability XXIX Smith v Levine XXX Personal Property A How s ownership acquired Deeds transfer o Conveyance description of the land These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute o Warranty F2 7 you might get a good title but it might have been messed up by previous owner o Special warranty I didn t do anything o Quitclaim I may not own anything o Sheriff s pay for the taxes o Recording Describe land Race Notice Race notice o Living near school districts affects property value Issues o Description already metes bounds Baler v Zingelman o Exception to the general rule o Encroachment minor o Unreasonable to convey only part of the buildings Storage o Travis county Other transfers o Adverse possession squatter s rights Exclusive possession Open notorious Continuous peaceful Hostile and adverse Effect Gets land back into use Sexton v Wagnon o Neighbor o Test Actual exclusive but can take back open notorious hostile non consensual Theme throughout property cases families turning against each other 2 bad things o doesn t work against state o doesn t work against your tenant Eminent Domain Kelo v New London Ch6 o Public use o Fair value o Taking Purdie v Attorney General Not in Book o High watermark o Furthest landward limit v mean high tide Zoning most major cities have o States power to control use o When is it a taking Can overreach Restrictive covenants o Restrictions from the grave Effect o Run Touch and concern the land o In the chain of title o Some illegal Warranty of habitability hidden o Implied o Reasonable condition o Seller s duty to disclose o Bad foundation buyer beware o Texas Disclosure Requirement o o Caveat emptor o Status v contract Smith v Levine Not in book o Hidden defects lies o Effect on commerce Mortgages CDOs AIG no interest H2 14 Personal property owned by possession o tangible o intangible thought representation of thought o registration o Possession How s ownership acquired o buy it contract law o make it inventors writers catching rain o possess it wild animals kill it domesticate it but not through trespass poach rule of capture register it o gift testamentary non no consideration delivery can be constructive intent delivery without intent Bailment acceptance Gordon v Bialystoker o Can gift property o Fiduciary relationship courts scrutinize with extreme vigilance Will inherit state statute Confusion grain oil commodity
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