Real Property Cases

Brief Fact Summary. Plaintiff Kremen sued Defendant Network Solution, Inc. for conversion to recover losses related to Defendant’s improperly reassigning Plaintiff’s domain name “sex.com” to another person.

Synopsis of Rule of Law. To establish the tort of conversion, a plaintiff must show (1) ownership or right to possession of property, (2) wrongful disposition of the property right, and (3) damages. To determine whether a “property right” exists in satisfaction of element (1) of conversion, there must be (1) an interest capable of precise definition, (2) it must be capable of exclusive control, and (3) the putative owner must have established a legitimate claim to exclusivity.

Moore v. Regents of the University of California was a landmark Supreme Court of California decision filed on July 9, 1990 which dealt with the issue of property rights in one's own body parts. John Moore underwent treatment for hairy cell leukemia at the UCLA Medical Center under the supervision of Dr. David W. Golde. Moore's cancer was later developed into a cell line that was commercialized. The California Supreme Court ruled that Moore had no right to any share of the profits realized from the commercialization of anything developed from his discarded body parts.

Justices had to decide if this was a question of CONVERSION of property

Brief Fact Summary. Petitioner Jones (Petitioner) attempted to buy a home in St. Louis County, Missouri. The Respondent Alfred H. Mayer Co. (Respondent) refused to sell the home to the Petitioner. The Petitioner brought legal action against the Respondent, arguing Respondent had refused to sell the home to him solely because he was black.

Synopsis of Rule of Law. 42 U.S.C. Section:1982 (Section:1982), an Act of Congress, states all citizens shall have the same property rights as white citizens. The Act bars both public racial discrimination as well as private racial discrimination in the sale or rental of property. As such, Section:1982 was a valid exercise of Congressional power enforcing the Thirteenth Amendment.

Brief Fact Summary. Defendants entered upon private property in order to aid migrant workers housed thereupon, and, after being ordered to leave by the owner, refused and were convicted of trespassing.
Synopsis of Rule of Law. Under New Jersey state property law there is no right to bar access to government services available to migrant workers; therefore, no trespass occurred.

Brief Fact Summary. The entrance of a cave was located on Edwards, the Petitioner’s (Petitioner) property. The Petitioner operated a public exhibition of the cave. A dispute arose because the Petitioner’s neighbor, Lee (Lee), felt the cave might extend under his property.

Synopsis of Rule of Law. Despite the historical principle that property ownership includes ownership of both the air above and the soil below real estate, there are certain cases, such as this, where a court of equity is empowered to make rulings which prevent the property from being used to the detriment of or interference with contiguous property and owners.

1997 Wisconsin case in which the court awarded $100k in punitive damages against a man who willfully moved a trailer across P's land over P's objection. Court order $1 in nominal damages and $100k in Punitive)

In order for an inter vivos gift to be valid, there must be intent on the part of the donor to make a gift, delivery by the donor to the donee and acceptance of the gift by the donee. An inter vivos gift requires that the donor intend to make an irrevocable present transfer of ownership. Delivery of the gift can be by physical delivery or constructive delivery, sufficient to divest the donor of dominion of the property. Acceptance by the donee will be presumed when the gift is of value to the donee.

Rule of Law. The common law rule that a thief could never pass good title has been supplanted by the statutory rule that a person receiving goods incident to a transaction involving a dishonored check receives only voidable title. A bona fide purchaser for value can receive good title from a person with voidable title so long as other statutory requirements are met.

Rule of Law. Because mistake is not a defense to trespass, no affirmative right may be created through such trespass, and the rule of title by accession is inapplicable due to the minimal difference in value between the standing wood and the cut wood.

Rule of Law. A purchaser is entitled to stand in as good a position as that of the seller in determining whether the remedy of replevin has passed by terms of the statute of limitations.

Rule of Law. Possession of property, even when not rightful, is good against all persons except for the rightful owner.

Rule of Law. A bailment for hire was created in this case and when there was non-delivery the Appellee (Plaintiff) was entitled to the presumption of negligence provided by statute

Facts Summary McAvoy (P) saw and took a pocketbook lying on a table in Medina’s (D) barbershop. He gave it to Medina to hold for the true owner but the true owner was never found. McAvoy demanded the pocketbook from Medina, who refused, asserting ownership of the pocketbook. P sued, the court entered judgment in favor of D, and P appealed.

Holding and Rule
The finder of lost property has superior title against the owner of the land on which it was found.

Holding
The priority of rights to possession say that a finder has better title to property that he or she finds over everyone except the true owner, thus Armory had full title to the jewel. The Court found in favour of Armory. Since the jewel was not produced at the trial, Armory was awarded the maximum value that a jewel of that form could have (under the principle that a wrongdoer should not be able to derive gain, i.e. uncertainty of damages, from the effects of his wrongdoing).

Holding The Fourteenth Amendment prohibits a state from enforcing restrictive covenants that would prohibit a person from owning or occupying property based on race or color.

Rule Johnson's lessees cannot eject M'Intosh because their title, derived from private purchases from Native Americans, could not be valid

Rule of Law. The defect in title alleged herein by Plaintiffs is sufficient to raise a reasonable doubt as to the soundness of the title, and the Plaintiffs should not be forced to buy a potential lawsuit due to the alleged defect.

Rule of Law. A life tenant is considered by law to be a quasi-trustee for the benefit of the remaindermen and there is a duty imposed by law to neither commit waste to the property held in life tenancy nor to permit waste to occur.

Rule of Law. The breach of a condition subsequent does not cause title to automatically revert to the grantor or his heirs and that no undue influence could be shown in the original conveyances

Rule of Law. The remainder is a vested remainder in those remaindermen in being at the time of the deed where there is no clause inserted in the conveyance which would make the remainder subject to divestment

Rule of Law. The rule in Shelley’s case applies to create a fee simple interest in Fred Sybert, even though the intent of the testator was to create a life estate, because the gift over is to the “heirs of his body.”

ule of Law. Based on the case of Shelley v. Kraemer, the state courts may not enforce such private racially restrictive covenants and the Plaintiffs title is thereby quieted.

Rule of Law. Under the statutory scheme in New York, a disposition of property to two or more persons is presumed to create a tenancy in common, unless it can be shown clear and convincing evidence that the intent of the grantor was to create a joint tenancy with right of survivorship.

Rule of Law. An ownership as joint tenancy may be converted to one of tenancy in common by the mutual agreement or by the actions of the parties from which an intent to treat the ownership as tenants in common may be inferred.

Rule of Law. The rule is well settled that the mere possession by one tenant in common who receives all the rents and profits and pays the taxes assessed against the property, no matter how long a period, cannot be set up as a bar against the cotenants.

Rule of Law. A contract which is knowingly entered into concerning premises which are known to violate the housing regulations will not be enforceable and the contract will be void

Rule of Law. The FHA is violated where an ad for housing suggests to an ordinary reader that a particular group is preferred or dispreferred for the housing in question, which may be proven by subjective evidence of the intent of the person who places the ad.

Rule of Law. When a lease term is to commence in the future, the lessor undertakes an implied duty to make the premises available and open to the lessee’s entry on the first day of the lease term.

Rule of Law A claimant does not waive his right to challenge a regulation as an uncompensated taking by purchasing property after the enactment of the regulation challenged.

Rule/Holding When the character of the governmental action is a permanent physical occupation of property, the government actions effects taking to the extent of the occupation, without regard to whether the action achieves an important public benefit or has only minimal economic impact on the owner.

Rule of Law Taking of property from one private owner to another private owner in furtherance of economic development constitutes a permissable "public use" under the 5th and 14th

Rule of Law. A successful plaintiff is entitled to relief, which rewards his or her efforts in testing the legality of the ordinance and prevents retributive action by the municipality, such as correcting the illegality.

Rule of Law. The regulations of local planning boards are given a broad scope and generally may include provisions, which will tend to create conditions favorable to health, safety, convenience or prosperity.

The Court held that the zoning ordinance was not an unreasonable extension of the village's police power and did not have the character of arbitrary fiat, and thus it was not unconstitutional.

Rule/Holding Cujus est solum ejus est usque ad coelum et ad inferos has no legal authority in the United States when pertaining to the sky. A man does not have control and ownership over the airspace of their property except within reasonable limits to utilize their property. Airspace above a set minimum height is property of the Masses and no one man can accuse airplanes or other such craft within of trespassing on what they own.

Rule of Law. A proprietor may make any reasonable use of the water of the stream in connection with his riparian estate and for lawful purposes within the watershed, provided he leaves the current of the stream diminished by no more than is reasonable, having regard for the rights of other riparian owners.

Rule of Law. A private nuisance is an unreasonable interference with the use and enjoyment of one’s land.

Rule of Law. An easement by necessity may be given to an owner of a landlocked parcel over another person’s land in order for the owner to gain access to his land.

Rule of Law. An easement was created here, even though the words in the deed are not words of inheritance or of legal character normally found in the creation of easements.

Rule of Law. When a commercial tenant abandons leased property there is no automatic termination of the lease when the lessor subsequently re-lets the property, and the original lessee may still be held liable for the periods of time under the original lease that the premises were vacant.

Rule of Law. That proof of retaliatory motive does constitute a defense to any action for eviction.

Rule of Law. Absent exceptional circumstances, a landlord does not have a duty to protect tenants from criminal attacks by third persons. The implied warranty of habitability does not apply to impose any additional duties on landlords in the circumstance of criminal attacks on tenants by third persons.

Rule of Law. Acts of part performance will not make an oral agreement affecting the rights in land enforceable unless the part performance was unequivocally referable to the alleged contract.

Rule of Law. The remedy of specific performance should no longer (in this jurisdiction) be automatically available to a vendor of real estate, but should be confined to those special instances where a vendor will otherwise suffer an economic injury for which his damage remedy at law will not be adequate, or where other equitable considerations require that the relief be granted.

Rule of Law. Under the statute of uses, 27 Hen. VIII. Cap.10, “where any person stands seised of any lands to the use of any other person by reason of bargain, sale or feoffment, such person that have any such use shall be deemed and adjudged in lawful seisen, estate and possession thereof, to all intents and purposes.”

Rule of Law. The court found that the lower court had a duty to construe the deed by giving effect to all its parts and thus determine the true intent of the grantors.

Rule of Law. The court cited the Pennsylvania case of Maul v. Rider, 59 Pa. 167, which held that, “It is sometimes said that the record of a deed is constructive notice to all the world. That, it is evident, is too broad and unqualified an enunciation of the doctrine. It is constructive notice only to those who are bound to search for it.”

Rule of Law. Although an unrecorded deed is binding upon the grantor, his heirs and devisees, and also upon all persons having actual notice of it, it is not valid and effectual as against any other persons. As to all such other persons, the unrecorded deed is a mere nullity.

Rule of Law. The Colorado act required all deeds to be recorded and provided that no deed should have any effect, except between parties, until the deed was recorded. This protection is against all classes of persons with any rights claimed.

Rule of Law. In the sale of a new house by a builder-vendor there is an implied warranty of habitability, which will support an action against the builder-vendor by the vendee for latent defects and which will avoid the unjust results of caveat emptor and the merger rule.

Rule of Law. The grantee is entitled to protection by warranty against encumbrances existing at the time of conveyance, even though the grantee, as here, knew about the encumbrance at the time of conveyance.

Rule of Law. In a case involving specific performance, when the intention of the parties is always the controlling factor, the general rule is that time is not of the essence of the contract of sale and purchase of land unless a contrary purpose is disclosed by its terms or is indicated by the circumstances and object of its execution and the conduct of the parties.