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Right to exclude
Trespass: Physical invasion of property without consent.
Once gas is put back into Earth it is no ones.
Curius est Solum: He who owns the surface owns everything from heaven and hell.
Question 6
She would have been guilty of trespass.
Question 7
According to curius est. solum it technically is a trespass, but a plaintiff couldnt
recover damages.
Custom
Statutes
Reasoning by analogy
How does one acquire ownership of property that belongs to someone else.
Grant or lease
Buy
Inherit
Gifted
Adverse Possession
Discovery
Conveyance from the court
Eminent Domain- Govt or utility company.
Will. Intestate succession (w/o a will), and testate succession (with a will)
In Ohio if A has a fee tail and he dies and has 1 son, A jr. has a fee simple absolute.
Illinois has no condition of survivorship.
Life estate ultravee
4 types of defeasible fees
Fee Simple Determinable- Phrases such as so long, during, until are words of
limitation.
Subject to Condition Subsequent- Phrases such as If and but in the event
Fee Simple with Ex Limitation
Subject to Ex. Limitation
Right of re-entry is only descendable.
Future interest in heirs or heirs of the body, you have to see if that somebody is
mentioned in the grant.- Rule in Shellys case. Change grant from then g s heirs to
To G for life, then to g and his heirs