Acquisitions

Question 1

Three ways someone gets property

Answer 1

i. Conveyance = title passes by deed, either in sale or gift
ii. Devise = get title through will
iii. Descent = owner dies interstate (without a will) get title through states laws of intestacy

AP is an exception to these general transfer mechanisms

Question 2

Ratione Soli

Answer 2

i. Landowner owns what is on the land (minerals, wild animals, oil)
Also called constructive possession

Question 3

Rights of a finder of lost property

Answer 3

• Prevail against everyone but the true owner and prior possessors
  Exceptions:
• Items found on private property generally go to owner
• Employes/Trespassers do not acquire possession

Question 4

Rule of mislaid items

Answer 4

1) An item intentionally placed but unintentionally left behind went to the management of the place where found and held in trust for the true owner
- If the owner of the item does not return in a reasonable time the item becomes the property of the owner of the premises

Question 5

Rule of abandoned item

Answer 5

An item intentionally left goes to the finder
Items found in private home generally go to the homeowner not the finder

Question 6

Adverse Possession Rule and Policy

Answer 6

Def = Adverse possession functions as a method of transferring interests in land without the prior owner and even in spite of the dissent of such owners
Policy = The theory upon AP rests is that the Apor may acquire title at such time as an action by the record owner would be barred by SOL
- You only get the portion of land used

Question 7

Adverse Possession Elements

Answer 7

1) Continous
- Uninterrupted possession of the sort that a usual owner would make under the circumstances for the appropriate statutory period
2) Open & Notorious
- Visible and not hidden, clandestine, or covert
- Reasonable effort by the owner would have put the owner on notice that someone is on their property
3) Hostile - three standards
- Under majority, the possessor does not have the true owners permission to be there it is objective & intent does not matter
- Good faith standard = they thought they owned it
- Aggressive trespass standard = I thought I did not own it but intended to make it mine
4) Actual
- The entry cannot be hypothetical or fictitious - it must be physical entry
5) Exclusive
- The entry has to be exclusive meaning that the land is not being shared by the APOR with the owner and or general public

Question 8

Claim of title

Answer 8

One way of expressing the req of hostility of right on the part of APOR

Question 9

Color of title

Answer 9

Claim founded on title or judgement or decree that is for some reason defective or invalid
- Helps AP claims
- Shortens the SOL

Question 10

Features of AP

Answer 10

• Once SOL runs the AP ripens into a good title automatically
• Once acquired title relates back to first day of AP
• APOR receives same title previous owner had

Question 11

What stops AP

Answer 11

• Permission from the owner but if owner writes permission to revoke and they do not then clock restarts
• When APOR abandons property
• Challenges APOR - successful eviction
• True owner commences a law suit

Question 12

Tacking - AP

Answer 12

• One APOR may tack on his time with his predecessor’s time as long as there is privity
• Privity is satisfied by any non hostile nexus such as blood, contract, deed or will
• Tacking is not allowed when there has been an ouster (ouster = wrongful exclusion of someone on land)

Question 13

Disabilities - AP

Answer 13

• SOL will not run against an owner afflicted with a disability at the inception of the AP
• Only applies when it is present at the inception of AP

Question 14

Tolled - AP

Answer 14

To stop the running of the SOL

Question 15

Accrued - AP

Answer 15

When a legal claim comes into existence and starts the running of SOL

Question 16

AP of chattels - three rules

Answer 16

1) Conversion = cause of action accrues immediately after the property is wrongfully taken
2) Discovery Rule = SOL is tolled until the owner through due diligence finds or should have found out the property is gone
3) Demand & Refusal = Cause of action is tolled until the owner makes demand for the return of chattel and person in possession refuses

Question 17

Acquisition by gift - elements

Answer 17

1) Intent
- Donor must intend to presently transfer an ownership interest
2) Delivery
- Physical = handing the gift over to donee which is required by common law unless it is impractical because of item size/weight
- Constructive = providing means of access (key or password)
- Symbolic = Handing over something symbolic of the property given
3) Acceptance
- Courts presume acceptance by donee once there is delivery
- Presumption can be overcome if reject or there is some onerous condition that is being imposed

Question 18

Three types of gifts

Answer 18

1) Inter vivos gifts = between the living
- Requires elements
- Irrevocable after given
2) Testamentary gift = after donors death
- Valid testamentary gift = needs to comply with a statute of wills (in writing b4 witness)
- Invalid testamentary gift = the gift doesn’t comply with the statute of wills
3) Gift causa mortis = in anticipation or expectation of immediate approaching death
- Requires elements of gift
- Revocable at any time before death
- Death must occur from the fear/belief during gift