Adverse possession

Question 1

What are Property rights

Answer 1

Relations among people regarding control of valued resources.
• Legal entitlement granted to an individual or entity, but the extent of the legal right is partly determined by rules designed to ensure that property ownership for everyone is compatible with the norms underlying a free and democratic society

Question 2

What are the reasons for rules of possession

Answer 2

• Efficiency
• Fairness
• Distributive justice

Question 3

You can use property in anyway as long as you are not?

Answer 3

Harming someone or something else

Question 4

Real property is…

Answer 4

Ownership or land and things that are physically attached to the land

Question 5

Personal property is…

Answer 5

Ownership of everything else –also intellectual property and contracts rights

Question 6

Right to exclude versus right to access:

Answer 6

• Current law prohibits discrimination based on the basis of race, sex, national origin, religion, or disability in public accommodations, housing and employment.

Question 7

Owners are allowed to use their property as they wish, but are not?

Answer 7

free to harm neighbors

Question 8

How can property owners transfer their property?

Answer 8

o Sell it
o Give it away
o Write a will to identify who will get it when they die
• Owners can place conditions on the use of property when they sell it as log as they don’t violate public policy

Question 9

What do Property owners have the right their property?

Answer 9

not have their property taken or damaged by others against their will

Question 10

Whose needs take precedence?

Answer 10

Communities

Question 11

What are the incidents of ownership?

Answer 11

• Possession
• Use
• Alienation
• Exclusion

Question 12

What does the Bundle of entitlements include:

Answer 12

• Privilege to use the property
• Right to exclude others
• Power to transfer title to the property
• Immunity from having the property taken or damaged without their consent

Landlord grants rights to possess their property for periodic rental payments – regain possession at the end of leasehold.

Question 13

What is Popov v Hayashi about and what is determined from the case: Facts

Answer 13

• Homerun ball was hit into the stands and caught in the webbing of Popov’s glove
• He was then knocked to the ground while catching the ball
• Hayasi also on the ground found the ball and put it in his pocket
Issue: did Popov have original possession?
Holding: No. They both did- equitable and undivided interest in the ball
Rule: A person will achieve full control of a ball before claiming possession

Question 14

Popov v Hayashi Rule

Answer 14

When an actor undertakes significant, but incomplete steps to achieve possession, of a piece of abandoned personal property and the effort it interrupted by unlawful acts of others, the actor has legally cognizable pre-possessory interest in the property.

Question 15

equitable division

Answer 15

lets both parties get something

Question 16

Rationale of papov v. Hyashi

Answer 16

Certainty and fairness

Question 17

Dominion and control

Answer 17

• First person to pick it up

- Relies on custom of practice

Question 18

“pre-possessory interest”

Answer 18

Significant but incomplete steps to achieve possession, but interrupted by unlawful acts.

Question 19

What is Rule of Capture?

Answer 19

Gives ownership of a previously un-owned resource to the first person to gain possession of that resource