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34 Cards in this Set

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  • Back
What are the rules for First possession.
First in time,
First to Possess
What is the rule for posession of property and discovery.
Cultivating or changing the property somehow. Must be developed.
How does a wild animal become property.
i. In some context - own animal because of own property
ii. Another way can be acquired by depriving the animal of its natural liberty. - perhaps it means you have it in your physical possession or pursuit, somewhere inbetween. So it is pursuit plus! Deprive of natural liberty by wound, kill it, trap it, circumvent.
What are the rules for aquisition by Creation.
a. Sure you own it, but it doesn't mean you can exclude other. Some policy reasons for this. The policy consideration we focused on was:
Fair competition (good), unfair competition with malicious interference, want to encourage the fair competition since it is good for consumers.
What are the 4 types of property
1. Lost - unintentionally parted with. The finder prevails overall except the true owner.
2. Mislaid / Misplaced (see mcavoy)
3. Abandoned - intentional and voluntary reliquish with no intent to reclaim.
4. Treasure Trove - money hidden above ground - valuables burried underground with the intent to reclaim.

If it was mislaid and then you abandon it, you characterize at the time it was separated form the true owner. So if you mislay it and then say the heck with it, it is not abandoned.
What are the 6 policy considerations for lost property in a shop.
1. Employee on behalf of employer.
2. Finder on property for a limited purpose - finder was there for a limited purpose to browse and shop.
3. Found attached to under the property then maybe the owner should prevail.
4. Owner over trespasser.
5. What is true about a shop - not like a home. - expectation that everything found here is not yours
6. Facilitate the return the good to the true owner.
What are the elements of Adverse possession
1. Actual Entry
2. Open and notorious
3. Hostile/Adverse and under a claim of right of title.
4. Continuous for the statutory period.
What is the policy explainiation for adverse possession.
Statute said - you have 15 years.
Since you have 15 years to kick them off once you don't you lose it.
If you sleep on your rights you lose your rights.
The flip side is the earning theory. Look possessor if you did the right things on the property for the right amount of time you earned title to the property.
What is the innocent improver doctrine.
Mistake and build on the wrong lot. See equity since usually before statue of limitations so no remedy at law.
What is the doctrine of annexation
Improvements belong to owner of property.
define open and nortorious
Open and Notorious: Possession to be visible enough that the true owner knew or should have known. Were the act such that a reasonable land owner would be put on notice.
what is the open and notorious requirement for a minor boundary problem
The court said maybe when you talk about minor encroachment on common boundaries it should be a little different. Does the true owner have actual knowledge.
Minor encroachment along a common boundary true owner must have actual knowledge.
What does continuity mean for adverse possession.
Used in the way a reasonable owner of the property would use the property.
What is trover vs. detnu
Trover - MONEY - damages
DETNU - get the thing, but not enough, he wants the thing in a certain way.
What is the general rule for lost property.
The finder prevails over all except the true owner.
Define Bailment
Rightful possession of goods by a person who is not the true owner. Bailor is true owner and bailee has custody.
What is the standard of care required when the voluntary bailment is for the sole benefit of the bailor.
bailee is only liable for gross negligence and is responsible for exercising slight care over the bailed goods
What is the SOC when the voluntary bailment is for the sole benefit of the bailee
Liable for even slight negligence and is responsible for exercising great care.
what is the SOC for involuntary bailment
Example: Finder has only slight care for as long as the statute of limitations. Then finder becomes owner.
What is the SOC for voluntary bailment with mutual benefit.
Ordinary care.
What is the rule for personal property rights.
Every person as a property interest in the commercial value in the name or likeness. Right of publicity.
What are the three ways to possess unowned property.
Discovery, Capture, and Creation
What are the 4 policy arguments for property rights.
1. Reward productivity and foster efficiency.
2. Create simple easily enforceable rules.
3. create property rules that are consistent with societal habits and customs.
4. Produce fairness in term of prevailing cultural expectaions of fairness.
Who wins the argument between trespass and first possession
The trespasser loses.
In public places, how do you determine if a finder will get to keep found property.
If the property is LOST it goes to the finder, if Mislaid it goes to the landowner.
What are the requirements for adverse possession and what is the mnomic.
Actually Enter and take possession of the house, Everyone can see through the glass door so it is open and notorious, You have muddy feet so it is adverse (or hostile) and it is under a claim of right since you have the deed in your hand, and you sit down continuously for 10 years.
When does the owner's cause of action acree for hostile possession.
The moment of actual entry.
What does exclusive possession mean?
Possessor has excluded the public and the owner. Does not mean that only one adverse possessor can occupy. A group can occupy.
What is Tacking and what are the elements?
Combining time to adverse possession with previous owners. 1. No Gap, 2. privity between possessors created by contract, purchase, will, or gift.
What does continuous possession mean?
Must possess it the same way a rightful owner should possess it.
Used in the way a true owner would use the property.

Some states add another requirement that they pay the property tax.
What is the doctrine of annexation.
Improvements belong to the owner of property.
What is adverse possession by color of title and how does it differ from other adverse possession.
Adverse possession is for the area you possess not the entire part of the land. If it is under color of title (defective title) you do the right things with the property and you get it all.
What are the elements for valid gift.
Intent, delivery, and acceptance
What is the adverse possession, continuous possession requirement.
Adverse possessor must occupy the property as continually as would a reasonable and average true owner of th eproperty.