Va Personal Property

Front 1

Three types of real property

Back 1

Property that cannot be moved

Structures that are affixed to the land

Items within a structure that are attached to the structure.

Front 2

Personal property

Back 2

Property that can be moved

Front 3

What type of property is a lease of real property?

Back 3

A chattel that is considered personal property

Front 4

What type of property is vegetation that is planted and cultivated?

Back 4

Personal property

Front 5

What type of property is vegetation that grows wild?

Back 5

Real property

Front 6

If an item of personal property is attached to real property, it may become real property under a three part test:

Back 6

1.) whether the item of personal property can be easily removed once it has been attached to the real property

2.) whether the item of personal property, once attached, has been adapted to the use of the real property

3.) whether the owner intends to make the item of personal property part of the real property

Front 7

What are three methods of gaining and losing ownership in personal property?

Back 7

Capture of unowned property
Creation
Conversion

Front 8

What does capture require?

Back 8

Dominion and control

Front 9

Property interest in creation of new property is protected under copywrite law if what three requirements exist?

Back 9

1.) The work actually exists

2.) It is an original work

3.) The work is fixed in a tangible medium of expression.

Front 10

Conversion

Back 10

interference by one person with the ownership or possession of another's personal property

Front 11

Lost property general rule

Back 11

A finder of lost property has a right to the lost property that is good against all the world except the original owner.

Front 12

What are three situations in which the general lost property rule does not apply?

Back 12

1.) if the finder is trespassing on someone else's property when the trespasser finds something there (the person owning the property has rights)

2.) if the person finds the property in a private location where the public is not normally invited (the owner of the private location has rights)

3.) if the lost property is found during the course of employment (employer has rights)

Front 13

Who has rights to mislaid property that reasonably appears to be put somewhere on purpose and then forgotten?

Back 13

The owner of the place where the property was mislaid gets the possessory right that is good against all the world except the true owner.

Front 14

Who has rights to abandoned property?

Back 14

The first person to take possession of the abandoned property has rights that are good against all the world.

Front 15

What two elements are required for property to be deemed abandoned?

Back 15

The owner must have had the intent to abandon and must have manifested that intent.

Front 16

Accession

Back 16

the application of labor or materials to one person's personal property by another person.

Front 17

What is the general accession rule?

Back 17

if A adds labor/materials to B's property, the materials and the value added by the labor become the personal property of B.

Front 18

When someone has performed accession and there is uncertainty between two people about who owned an item of personal property, who gets it?

Back 18

The person who adds substantial value to the personal property will become the owner through accession, as long as they are an innocent trespasser.

Front 19

Confusion

Back 19

Occurs in cases in which the personal property of different people is mixed together and it is not possible to distinguish one person's property from another's.

Front 20

What are the three confusion rules?

Back 20

1.) if you know who contributed the goods and in what proportion, the contributors are proportionate owners of the confused goods.

2.) if you do not know the proportion contributed and the confusion is innocent, the contributors share the confused goods equally.

3.) if you do not know the proportion contributed and the confusion is not innocent, the person who wrongfully caused the confusion must show his portion; otherwise, the innocent contributors will share the goods equally

Front 21

What is the statute of limitations in VA for recovery of personal property that someone else is trying to adversely possess?

Back 21

5 years

Front 22

gift

Back 22

a voluntary and gratuitous transfer of property from one person to another

Front 23

Three elements required for gifts:

Back 23

donative intent (requires present intent to make gift)

delivery

acceptance (assumed)

Front 24

Four ways to make delivery of a gift:

Back 24

actual physical delivery of the property to the donee

constructive delivery (keys to large item)

delivery in writing (a written expression of donative intent with written description of property and written id of donee)

symbolic delivery (photo of value with "this is all yours now")

Front 25

Requirements for gifts causa mortis

Back 25

donative intent

delivery

acceptance

donor in contemplation of his/her own impending death

Front 26

VA Uniform Transfers to Minors Act

Back 26

provides for the transfer of personal property from an adult transferor to a custodian for the benefit of a minor

Front 27

detinue

Back 27

an action to recover personal property that someone else took possession of but has unlawfully refused to return

Front 28

replevin

Back 28

an action to recover personal property that someone else unlawfully took possession of

Front 29

trespass

Back 29

an action to recover monetary damages from the loss of possession

Front 30

trover

Back 30

an action to recover the value of the property itself

Front 31

lien

Back 31

a claim that a creditor has on the personal property of another with respect to a debt, obligation, or duty that is owed to the creditor

Front 32

lienor

Back 32

creditor with a claim over another's personal property

Front 33

lienee

Back 33

an owner of personal property subject to a lien

Front 34

general lien

Back 34

gives the lienor a claim over lienee's property for any debt and any obligation that the lienee owes to the lienor

Front 35

special lien

Back 35

gives the lienor a claim over lienee's property only for a debt or obligation relating to that specific item of property

Front 36

Statutes on VA-specific types of liens

Back 36

innkeeper's lien
stable, marina, or hangar keeper's lien
mechanic's lien
launderer or cleaner's lien
bull, stallion, or jackass lien

Front 37

What three types of notice does VA require a lienor to give?

Back 37

advertise time, place, and terms of the auction

10 days notice of the auction to the property owner

advance notice to any secured party

Front 38

In what two ways can a lienee get a lien released in VA?

Back 38

by the court if the lienee has proof that the underlying debt has been paid or discharged (requires 20 days notice to the lienor)

or

agreement with the lienor

Front 39

Bailment

Back 39

transfer of possession but not ownership of personal property from one person to another

Front 40

bailor

Back 40

person who transfers the property

Front 41

bailee

Back 41

person who receives the property

Front 42

elements of a bailment

Back 42

bailee must have physical possession of the property and the intent to exercise control over the property

bailee must agree to the bailment

bailee must know about the personal property

Front 43

Is consignment a bailment? Is an employee's use of an employer's property?

Back 43

Consignment - yes

Employee's use of employer's property - no

Front 44

Sale

Back 44

a transfer of ownership

Front 45

Bailee standards of care

Back 45

Bailment solely for benefit of bailor: slight diligence (must show gross negligence)

Bailment for mutual benefit: ordinary care

Bailment for benefit of bailee: great diligence (slight negligence)

Front 46

When is a Bailee is strictly liable for loss or damage to the bailed goods?

Back 46

if the bailee uses the bailed goods for some purpose outside the scope of the bailment, or moves the property from the agreed place of storage. Also, if a bailee agrees to return the bailed goods in exactly the condition it was in the start of the bailment is strictly liable if he fails to do so.

Front 47

Measure of damages for bailed property lost or destroyed

Back 47

the FMV of the bailed property at the time of the loss or destruction

Front 48

Measure of damages if bailed property is damaged

Back 48

difference between FMV in its undamaged state and its actual value in the damaged state

Front 49

What are the bailee's rights in bailed property?

Back 49

Right of possession

Front 50

What are the bailor's rights in the bailed property?

Back 50

Bailor can bring an action against the bailee if the bailee returns the property in damaged condition.

Front 51

Bailor's COA against the Bailee

Back 51

Conversion
Negligence
Breach of contract (bailment agreement)