Review Slides – Test 1

1. Review Slides –Test 1

2. Chapter 1 (few to no questions) Real property versus personal property – definitions. Sources of Law.

3. Chapter 19 – Constitutional Law • Takings • Kelo case (public purpose – what is considered a public purpose under federal law?) • Nollan case (less than a full taking – give an easement) • Potomoac Development v DC (intent to take but no actual taking – delayed development of bridge) • Age Restrictions on Property • Taylor case (Age 55 – Housing for Older People Act) • Equal Protections Clause/Discrimination • Meyer case (discriminatory real estate agent) • Steering • Blockbusing • Redlining • Fair Housing Rules • Clauses in deeds that violate equal protection

4. Chapter 3 – Extent of Real Estate Interests • Surface, Above and Below • Causbycase (airplanes flying low) • Borough of Harvey… Right to a view? • Doctrine of Ancient Lights -Fontainebleau case (hotel blocking light) Tax air rights? Solar easements/Special laws protecting solar rights • Mineral/Oil Rights • Rule of Capture v. “Migratory” rights v. Correlative Rights (no waste allowed – spacing of wells from border) • Trespass

5. Chapter 3 – Extent of Real Estate Interests • Riparian Rights • Navigable waters – Sharing – Eastern US – economic or social value of the use, suitability of use, practicality of preventing harm, recreation v. economic use - In Re Operation of Missouri River (Corps of Engineers decides) • Prior appropriation – First in time, first in right Western US • Nuisance Law • Spur Industries Case (feedlot) • Balancing of interests with some “first there” benefits • Trespass • License, Invitee, Trespasser • Winchell case (Taco Bells – “invitee”) • Wind farm Easements/Law.

6. Chapter 4 – Nonpossessory Interests Know the differences • Easement Appurtenant (tied to land) • Dominant v. Servient (who is responsible for repairs, etc.) • Easements in Gross (examples – utility easement, shortcut…) • Affirmative (right to access – utilities) v. negative (restriction on landowner – conservation easement) (know the difference) • Easement by Implication - Thomas case • Unity of Ownership • Prior use • Apparent • Just • Easement by Necessity • Proscriptive – next slide

7. Chapter 4 – NonpossessoryInterests, p. 2 • Prescriptive Easement (open, hostile, adverse, continuous and exclusive no permission) • Kenai River Airpark Case (boat landing also used for fishing, hunting and hiking) • Hughes v. Fisher – Bald Mountain (access to ski hill across property) • Howe to stop a prescriptive easement (fence, sign, police, court order, give permission) • Scope of Easement • Dianne v. Wingate – (added barriers to easement and speed bumps) • Overview. Original use and purpose, reasonable expansion. • Brown v. ConnocoPhillips– tree roots hitting pipeline. • Shooting Point v. Wescoat. Split lot from 1 to 18 increasing use of easement. • License v. Easement (that person can use it and can be revoked) • Termination of Easement (non-use, no need (for easements by implication), release, merger (of dominant and serivient lands) Creech v. Noyes – Brushhoging.

8. Chapter 5 – Fixtures • Fixtures - Definition • Real property v. Personal Property (how fixture defined) – Why important • Elements • Degree on Annexation • Nature and Use of the Property • Relationship Between the Annexor and Premises • Intent • Kohn case (bleachers at school) • Custer Case (greenhouse) • Sandford v. Town of Shapleigh – dumpster case with governmental immunity • Trade Fixtures • Purchase Money Security Interest • In Re Williams – Wells Fargo Credit Card – “will remain personal property” • If can take property – must pay for any damage caused

9. Chapter 6 – Liens • Mechanics Lien • Improvements to Real Property (contractors, subs, labor, materials) • Strict Compliance • Buchanan v. Overley (did not include address in lien filing) • Unjust enrichment (Ontiveros v. Sanchez) • Owner Knowledge/Authority Issues • Can a tenant contract for improvements and bind the landlord? • RTBH, Inc. (Dick’s Sporting Goods) • Tarlton v. Millers (attempt by subs to say owner consented/had notice of direct relationship with subs) • General/Subcontractor Issues • What happens if you pay a general in full? (different in different states) • Ontiveros v. Sanchez (still owed subs – but this was an exception to the general rule) • Owner pays sub directly – Consider 6.3

10. Chapter 6 – Liens, p. 2 • Lien Filing • MN – dates back to beginning of work so all subs have same filing date • “Perfection” of lien by filing • Trade Fixtures • Purchase Money Security Interest. What is it? If perfected by filing they have priority over all other liens to the extent they can remove the improvements, but they have to pay or fix for any damage caused. • Buying Land With Liens – (what happens) • Homestead Exemption. Lien holders cannot foreclose if it’s a homestead. • Limited knowledge of detailed priority filing dates/solutions questions

11. Chapter 7 – Describing Land Interests • Describing Land Interests • Wadsworth v. Moe Case (how much do you need to describe the land?) • Gaut v. Daniel (cannot use oral evidence to supply basic property description – property description must have enough to locate property starting point) • Withington v. Derrick (many mistakes on land description) • Davis v. Hinson (lack of signature by a selling land owner voids sale) • Metes and Bounds • Be able to describe how it works • To write a simple metes and bounds given a map • Plat Maps (be able to identify a valid description) • Government Survey (understand generally how this works – do not need to know details) • Prime Meridians • Baselines • Historical Examples • Street Address – enough? • “all my land wherever located” • My farm “Whitacre”