Gilbert Book

Front 1

Labor theory

Back 1

Where A adds labor to B's raw material, the courts usually award the final product to the owner of the raw material, unless A's efforts have sufficiently increased its value to make it nufair to award the final product to B.

Front 2

Vanna White v. Samsung

Back 2

There must be more than a mere likeness of a celebrity for commercial profits in order to infringe her right of publicity. A person may not use a celebrity's name, likeness, voice, or signature for profit without the celebrity's consent.

Front 3

INS

Back 3

a news agency has a quasi property interest in the news it has gathered and can prohibit competitors from disseminating the news until its commercial value has passed away

Front 4

Moore v. Regents

Back 4

a man does not have property rights to his spleen following its removal from his body. Man only has right to sue for failure to disclose (fiduciary breach)

Front 5

Armory v. Delamirie

Back 5

The finder has superior rights superior to all others except the true owner.

Front 6

ownership

Back 6

title to property

Front 7

possession

Back 7

showing physical control and the intent to exclude others

Front 8

public policy

Back 8

protects a finder for honesty when he reports the find, rewards labor in returning a useful item to society

Front 9

priority of property right

Back 9

true owner> possessor> subsequent possessor

Front 10

capture

Back 10

physical control of the roper and the intent to assume dominion over it

Front 11

constructive possession

Back 11

a landowner is in constructive possession of the objects located on his land even though he may be unaware of them.

B finds ring at the bottom of A's pool (South Staffordshire). Finder is on the property for a limited purpose

Front 12

employees finding property

Back 12

should report it to employer. rewards honesty.

Front 13

Elwes v. Brigg Gas co

Back 13

if the object is found under or embedded in the soil it is awarded the owner of the premises, not the finder.

Front 14

Objects in a home

Back 14

usually awarded to the homeowner. owner has an intent to invite people in very a limited time and for a specific purpose. owner has strong expectations that all objects located in a highly private place--including those which he is unaware-- are his,

Front 15

Hanna v Peel

Back 15

if the owner of the home has not moved into the house (has not made it his "personal space") it has been held that the owner of the house is not in constructive possession of articles therein

Front 16

Lost property

Back 16

owner accidentally and casually lost. property goes to the owner of the premises

Front 17

misplaced property

Back 17

property intentionally placed someone where and then forgotten. owner could reasonably retrace his steps in locating. mislaid property usually goes to the owner of the premises.

Front 18

abandoned property

Back 18

property intentionally abandoned by the true owner. awarded to the finder.

Front 19

Adverse possession

Back 19

If, within a number of years specified in the statute of limitations, the owner of land does not take legal action to eject a possessor who claims adversely to the owner, the owner is thereafter barred form brining an action in ejectment.

Front 20

Adv poss

Back 20

a means of acquiring title to property by long, uninterrupted possession. The running of the statute of limitations on the owner's action in ejectment not only bars the owner's claim to possess, it also extinguishes the old title of the owner and creates a new title by operation of law in the adverse possessor.

Front 21

Title by adverse possession cannot b recorded in the courthouse

Back 21

bc it does not arise from an operation of law. Adv possessor therefore must file action to quiet title against the former owner.

Front 22

Requirements of adverse possession

Back 22

1. Actual entry giving exclusive possession that is 2. open and notorious 3. adverse and under a claim of right, and 4. continuous for statutory period.

Front 23

constructive possession

Back 23

if there is an actual interest on part of the land described in a deed, the possessor may be deemed in constructive possession of the rest

Front 24

adverse possession by TIC

Back 24

can occur w more than one person

Front 25

open and notorious

Back 25

must act in a way that would constitute reasonable notice to the owner that she is claiming dominion so that the owner can defend her rights

Front 26

adverse possession of minerals

Back 26

minerals are treated as part of the adversely possessed and. however, if the minerals have been severed by sale to another prior to entry of the adverse possessor on the surface, possession of the surface does not carry possession of the minerals. To start adverse possession of the minerals, the adverse possessor wold need to start removing them

Front 27

adverse and under a claim of right

Back 27

hostile- possession is without the owner's consent--it is not subordinate to the owner. to ensure true owner is not lulled into believing an occupant will make no claim against her.

Front 28

subjective test

Back 28

a claim of right means that the adverse possessor must have a good faith or bona fide belief that he has title. if possessor knows he has no title and believes someone else has title, it is not adverse. (squatter cannot have adverse possession)

Front 29

Color of title

Back 29

claim founded on a written instrument which, unknown to the claimant, is defective and invalid. deed is forged, grantor does not own the land, deed improperly executed. Where a person enters with color of title, no further claim of title or proof of adversity is required.

Front 30

Maine doctrine

Back 30

a minority of jurisdictions hold that if the possessor is mistaken as to the boundary. and would not have occupied or claimed the land if he had known the mistake, the possessor has no intention and his claim of title is missing.

Front 31

NJ view

Back 31

when the encroachment of an adjoining owner is of a small area and the fact of an intrusion is not clearly and self-evidently apparent to the naked eye but requires an on-site survey for disclosure, the encroachment is not open and notorious. In that case, the SOL will run against the owner only if the owner has actual knowledge of the encroachment- Manillo v. Gorski

Front 32

Howard v. Kunto

Back 32

use of a summer house only during the summer for the statutory period is continuous if land are normally used this way

Front 33

continuous use

Back 33

if the average owner would use the vacation property all years, by the adverse possessor only uses two weeks per year for vacationing, probably not continuous. however, if the property is such that the average owner would use it only for vacationing, it might be enough.

Front 34

intentional relinquishment

Back 34

if the possessor abandons the property for any period of time, without intent to return, continuity of adverse possession is lost.

Front 35

Ouster and privity of estate

Back 35

when an adverse possessor, A, is ousted by a third party, X, X cannot tack on A's period of possession bc of lack of privity. Privity of estate requires a voluntary transfer for tacking.

Front 36

Reentry

Back 36

If A is ousted by B for six months, but B gains possession, B can still tack her prior possession for the SOL plus 6 months.

Front 37

Tacking

Back 37

not permitted where one adverse possessor abandons the property. the SOL starts running anew on the new entry. Privity of estate--a voluntary transfer between possessors.

Front 38

interruption by true owner

Back 38

if the true owner reenters the land openly and notoriously for the purpose of regaining possession, an interruption has occurred. interruption by the true owner stops the statute of limitations from running

Front 39

payment of property taxes

Back 39

in several states, principally in the west the adverse possessor must pay taxes on the land in order to prevail. Payment of taxes if a good claim of right.

Front 40

without color of title

Back 40

claim extends only to such part of the land she actually occupied or controlled in a manner consistent w ownership of such premises.

Front 41

with color of title

Back 41

deemed to be in adverse possession of all the property described in the instrument provide the tract of land described in the deed is recognized in the community as one defined parcel of land. she is in constructive possession

Front 42

future interests

Back 42

the SOL does not run against a remainder existing at the time of entry by an adverse possessor bc the holder of the remainder has no right to eject the adverse possessor from possession

Front 43

liens, easements, equitable servitudes

Back 43

title acquired by adverse possession is subject to all these interests.

Front 44

governmental entity

Back 44

exempt from SOL

Front 45

due diligence rule

Back 45

the SOL does not begin to run on the owner of stolen goods as long as the owner continues to use diligence in looking for them. the cause of action accrues when the owner first knew or reasonably should have know through the exercise of due diligence.- O'keefe v. snyder

Front 46

TRover

Back 46

plaintiff is entitle to the full value of the chattel at the time the conversion took place. plaintiff waives the right to the return of the chattel

Front 47

replevin

Back 47

recover possession of the chattel