Showing posts with label Property. Show all posts
Showing posts with label Property. Show all posts

Saturday, March 5, 2011

Colorado Law

Property
  • Adverse possession
  • Concurrent ownership
    • Authority: C.R.S. § 38-31-101
    • Presumption:
      • Usually tenancy in common
      • For transfer to two fiduciaries, joint tenancy
    • Joint tenancy
      • Creation: "jointly," "joint tenancy," "JTWROS" Joint tenant with right of survivorship
      • In real property: only for natural persons, unless it's to fiduciaries
      • Destruction: A person can unilaterally make his share "in common," but if there are two or more remaining joint tenants, their in common share will be joint among themselves.
      • Unities:
        • Equality of interest presumed but not required
        • Unities of interest required except where modified by this statute


Torts

  • Landowner's liability
    • Authority: C.R.S. § 13-21-115
    • Trespassers: willful and deliberate
    • Licensees:
      • Reasonable care for known dangers created by landowners
      • Reasonable care for known unusual dangers
    • Invitees:
      • Reasonable care in protecting against dangers that reasonably should be known
      • For agricultural or vacant land: reasonable care for known dangers


Thursday, February 17, 2011

Old Common Law Pleadings

  • Property
    • Personal property
      • Replevin: return
      • Trover: damages
    • Real property
      • Ejectment: return of property
      • Trespass: damages
  • (Contracts)
    • Assumpsit
    • Debt (?)
      • (Torts)
  • Trespass
    • Trespass on the case
    • Conversion (over property)
    • Trover (damages for wrongful taking)
    • Replevin (creditor’s right for unlawful withholding)
    • Nuisance (?)