Property Midterm

Front 1

Occupation Theory

Back 1

First in Time

Front 2

Natural Rights Theory

Back 2

Natural right to own property, part of the law of nature

Front 3

Labor Theory

Back 3

Belongs to whoever created it

Front 4

Utilitarian Theory

Back 4

Soley relies on society needs "that is property which the law declares to be property"

Front 5

Social Utility Theory

Back 5

Social benefit is more important

Front 6

Tragedy of the Commons

Back 6

Common resources are easily destroyed, personal property is more likely to be taken care of

Front 7

Economic Theory

Back 7

Universality, Exclusivity, Transferability

Front 8

Property Test Elements

Back 8

1. Interests capable of precise definition
2. Capable of exclusive possession or control
3. Owner establishes a legitimate exclusive claim

Front 9

Elements of Conversion

Back 9

1. Using or disposing of someone else's property without permission
2. Has to show ownership and damages

Front 10

Conversion Elements

Back 10

1. Ownership interest / right to possess a thing
2. Wrongful disposition of the interest by a third party
3. Damages to the property owner

Front 11

Attributes of Property - The Right to Exclude

Back 11

Owner has a right to exclude, but that right is not absolute, society's needs come first

Front 12

Attributes of Property - The Right of Disposition

Back 12

The right to sell, lease, rent, etc. to whoever whenever, but it cannot go against constitutional rights (ie discrimination)

Front 13

Attributes of Property - The Right to Use

Back 13

There are limitations - zoning, environmental regulations.

Front 14

Real Property

Back 14

Land and fixtures attached to land.
No damages needed for an action of trespass

Front 15

Personal Property

Back 15

Anything besides Real Property
Damages are needed for trespass to chattel

Front 16

Heaven to Hell Theory

Back 16

-Owner owns from the top to the bottom, everything, surface, air, subsurface and can divide at his discretion
-Constructive Possession

Front 17

The Method of Freedom

Back 17

Private property was the original source of freedom

Front 18

Distribution of Wealth

Back 18

Those most able to handle the burden should be the ones to do it

Front 19

Property and Sovereignty

Back 19

Government must compensate when it takes land away

Front 20

Occupiers of Land

Back 20

Occupiers do not have the right to transfer property or title (indian case)

Front 21

General Finders Rule

Back 21

First finder of lost property has possessory rights superior to all but the true owner

Front 22

Possession

Back 22

Finder must have the intent to possess and the means to reduce the property to possession
(must exercise dominion or control to consitute possessing something)

Front 23

Approach to Resolve Disputes over Found Property

Back 23

1. Identify category of property
2. Identify place of find
3. Compare competing claims

Front 24

Lost Property

Back 24

-True Owner has involuntarily parted with due to neglect, carelessness, or inadvertance
-Typically awarded to the finder

Front 25

Exceptions to Lost Property being awarded to the Finder

Back 25

-Owner of Locus in Quo may assert constructive possession over lost items found on his property
-Employee typically will not have finders right, will go to employer or OLQ

Front 26

Abandoned Property

Back 26

Property that the owner has voluntarily parted with / intent to give up both title and possession

Front 27

Mislaid Property

Back 27

-True Owner intentionally places property where he can retrieve it and then forgets it
-Typically awarded to OLQ because court assumes TO may retrace steps to find property

Front 28

Embedded Property

Back 28

-Buried or attached to real property
-Typically awarded to OLQ
-Policy is to deter trespass on private property
-Also to protect expectation interests of property owner

Front 29

Treasure Trove

Back 29

-coin or bullion buried or hidden on real property
-Typically treated as MISLAID

Front 30

Found Property in Public

Back 30

Finder is rightful owner

Front 31

Found Property in Quasi-Public

Back 31

-If owner does not have dominion over area it goes to finder i.e. lost item in public area of shop goes to finder
-However if the property is mislaid it will stay with the OLQ

Front 32

Found Property in Private

Back 32

Goes to landowner
-but if OLQ never occupied private property than there is no expectation of interest (hannah v peel)

Front 33

Lost/Abandoned Property, not affixed to soil, OLQ lacks knowledge

Back 33

goes to finder

Front 34

Trover

Back 34

Suit for damages for wrongful conversion of personal property

Front 35

Replevin

Back 35

Suit for court ordered return of personal property in question

Front 36

Equitable Division

Back 36

When two finders assert an equal legal claim court may order that they share

Front 37

Bailee

Back 37

Has possession of property but is not the true owner

Front 38

Statutory Approaches

Back 38

Time limits to turn things in and pick them up, encourages finders to turn items in.

Front 39

Bailments

Back 39

Rightful possession of goods by a person who is not the owner

Front 40

Bailor

Back 40

True Owner of property

Front 41

Elements of Bailment

Back 41

1. Bailee obtains physical custody with the intent to exercise control.
2. Bailee must consent to having custody.
3. Bailee must have knowledge of the presence of the property.
4. Concealed articles within a bailment are not covered.

Front 42

Voluntary Bailment for Mutual Benefit

Back 42

-Typically bailment for hire, benefit to both individuals
-Reasonable person standard of care

Front 43

Voluntary Bailment for Sole Benefit of Bailor

Back 43

-Getting something for nothing
-Slight standard of care/negligence

Front 44

Voluntary Bailment for Sole Benefit of Bailee

Back 44

-Anytime you borrow something
-Extraordinary duty of care

Front 45

Involuntary Bailment

Back 45

-Leaving something by accident, lost property, finders
-Slight duty of care / liable for negligent misdelivery

Front 46

Elements of Adverse Possession

Back 46

1. Actual Entry & Physical Possession
2. Openly & Notoriously
3. Hostile & Adverse (under a claim of right- owner knows or should have known)
4. Exclusivly & Continuously
6. ALL elements must be present during the whole of the statutory period

Front 47

Possession Deemed Ownership as to Third Persons - Russell v. Hill Rule

Back 47

-The possesor of property that is wrongfully obtained has insufficient title to maintain an action to recover the value of the property from a stranger who takes it from him
-Policy: any other rule permits the true owner of that property to recover from the defendant a second time
-This would not be the case if the true owner was known and didn't care like in anderson

Front 48

Misdelivery of Bailment

Back 48

-Bailee has the obligation to return property to bailor
-When it is voluntary bailment there is strict liability to give it back
-typically arises when there is damage of item upon return

Front 49

Adverse Possession of Private Property

Back 49

Long, continued and unopposed possession of a chattel or land by someone against the original owner may result in the aqcisition of good title against the original owner

Front 50

Possession Deemed Ownership as to Third Persons - Anderson v. Gouldberg Rule

Back 50

-The possessor of property (even if wrongfully obtained) has sufficient title to maintain an action in replevin to recover the property from a stranger who takes it from him.
-Policy: any other rule leads to an endless series of thefts
-if the true owner was not known, this would follow the russell rule, but TO is known and doesn't care in this case

Front 51

Policy of Adverse Possession

Back 51

-Merges ownership with possession
-Forces landowners to be viligent
-Encourages productive use of vacant land
-Rewards Labor

Front 52

Hostile Possession (adverse possession)

Back 52

There must be some act of dominion or use on the part of the possessor that is inconsistent w/the absolute right of property in the owner. Owner does not have to know, but SHOULD have known.

Front 53

Tolling the Statute (adverse possession)

Back 53

Time is not counted towards the statutory time period when there is a disability to the plaintiff (minor, incompetent, imprisoned)

Front 54

Color of Title

Back 54

Written instrument showing that this is their land (deed, letter from true owner)

Front 55

Discovery Rule

Back 55

Owner must show due dilgence to 1. Report 2. Investigate 3. Recover property

Front 56

Void Title

Back 56

If chattel is stolen the title is void and cannot be transferred to anyone else (but after statutory period expires adverse possession)

Front 57

Voidable Title

Back 57

If the chattel is transferred from true owner to rogue through fraud or misrepresentation then title is voidable (because of owner's negligence)

Front 58

Actual Entry / Physical Possession

Back 58

-1st element of adverse possession
-Fences, walls, visible marks all show a physical occupation of the property

Front 59

Openly / Notoriously

Back 59

-2nd element of adverse possession
-Visible evidence that the land is occupied/possessed by third party
-cannot be secret (or underground!)
-puts true owner on notice of a 3rd party claim

Front 60

Hostile / Adverse (under a claim of right)

Back 60

-3rd element of adverse possession
-possession w/out permission
-if there is permission than the possessor is not hostile
-Objective v. Subjective - good v bad faith plus mistake

Front 61

Exclusivly / Continuously

Back 61

-4th element of adverse possession
-use cannot be limited, must use land las a landowner would
-uninterrupted for the statutory limit of years

Front 62

Statute of Limitations on adverse possession

Back 62

Once all 4 elements of adverse possession have been present for the entire statute title passes automatically

Front 63

Tacking

Back 63

Successive possessors of property may tack or combine their respective periods of possession as long as they are in privity (tacking can only occur when there is privity)

Front 64

Privity

Back 64

Voluntary transfer of interest between successors of property - The property is sold, gifted/given or bequeathed in will to the subsequent possessor

Front 65

Limitations to tacking

Back 65

1. when you are forced off of your land
2. time gaps are not allowed