property law

Tenancy in Common

Overview

A tenancy in common (TIC) is one of three types of  concurrent estates (defined as an estate that has shared ownership, in which each owner owns a share of the property). The other two types are a joint tenancy and a tenancy by the entirety.  A TIC typically has no right of survivorship. This means that if A and B are tenants in common of Blackacre, and A dies, A's share does not to go B.

Unfair competition

Overview

The law of unfair competition is primarily comprised of torts that cause economic injury to a business through a deceptive or wrongful business practice. Unfair competition can be broken down into two broad categories:

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U.S. Constitution and Federal Statutes

Regulations

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State Material

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Landlord-Tenant Law

Overview

Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutes and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code.

Trespass

Definition

Trespass is defined by the act of knowingly entering another person’s property without permission.

Overview

For the definition of trespass, the "knowingly entering" requirement refers to the actor's knowledge of the literal act of entering property. It does not matter whether the actor actually knows the property belongs to someone else.

Trespass exists in both tort law and criminal law. 

Takings

Definition

A taking is when the government seizes private property for public use. 

Overview

A taking can come in two forms. The taking may be physical, which means that the government literally takes the property from its owner). Or the taking may be constructive (also called a regulatory taking), which means that the government restricts the owner's rights so much that the governmental action becomes the functional equivalent of a physical seizure. 

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