Personal Property, Real Property and Land Use Law

 

1. Identify three examples of personal property in a business context.
2. Describe the roles of the parties in a bailment relationship.
3. Identify and briefly describe the four categories of rights attached to land, or real property.
4. Describe the following types of ownership in real property: (1) Fee Simple; (2) Life Estate; (3) Leasehold Estates and (4) Easements.
5. Briefly describe the elements of Adverse Possession.
6. Under Landlord Tenant Law, briefly describe a tenant’s rights to (1) possession; (2) quiet enjoyment; and (3) habitability.
7. Identify the rights and remedies of a landlord in the event a tenant fails to pay rent or fails to act reasonably in the use of the property.
8. Describe the doctrine of Eminent Domain?
9. Using the case of Kelo v. City of New London, 545 U.S. 469 (2005), briefly explain how the Takings Clause of the 5th Amendment to the United States Constitution is implicated in Eminent Domain?

 

 

 

Sample Solution

Personal property for an individual or business is property owned by that person or business which is movable and is not attached to or associated with the land. Personal property of a business is all the property owned by the business except land and buildings (real estate). Personal property for a business would include everything from the smallest stapler or calculator to a company-owned car or large piece of machinery. It includes manufacturing equipment, office furniture and equipment, and vehicles purchased and used by the business, and, basically, everything that is not nailed down. In other words, personal property is movable, while real property is not.

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