Adverse Possession Of Personal Prop

Question 0

Discovery Rule

Of adverse possession

Answer 0

-Dispossession occurred longer than the statute of limitations period ago
-True owner knew or should have known of the dispossession
-True owner knew, or should have known, who was in possession of the personal property for at least the statute of limitations period

Question 1

O’Keefe v. Snyder

Painting
DISCOVERY RULE

Answer 1

1946, Georgia O’Keeffe (plaintiff) noticed 3 of her paintings were missing from a gallery where being exhibited. She did not report lost/stolen until 1972. In 1975, O’Keeffe learned that her paintings were in a gallery in NY & in March 1976 she brought suit in replevin against Snyder (def.), the owner of the gallery exhibiting her lost work, seeking return of the artwork. The trial court granted summary judgment to Snyder, holding that O’Keeffe had not filed her lawsuit within 6 year SOL for replevin actions, which time started running from the time of the theft. The Appellate Division reversed, granting judgment for O’Keeffe on the grounds that, following the theft of her paintings, it was Snyder’s burden to prove adverse possession, which he failed to do. Snyder appealed 2Court of Appeals.
Does the statute of limitations on suits seeking the recovery of chattel start to run when the chattel go missing?
No. Under the discovery rule,SOL does not start running as long as the owner continues to engage in diligent efforts to find her property and therefore to name the appropriate defendant.

Question 2

Adverse possession

TRADITONAL RULE

Answer 2

Hostile
Actual
Visible
Exclusive

Continuous
For the period given in the statute of limitations

Question 3

Hostile

Answer 3

Without permission, or want it back & not given

Question 4

Actual

Answer 4

Not constructive possession

Actual & maintained

Question 5

Visible

Answer 5

One perceive as Not hidden

Others can see, displayed. doesn’t matter if true owner can perceive it

Question 6

Exclusive

Answer 6

True owner is never I possession.

Statute rule- as long as exclude from true owner, can be shared w/ others. Exclusive against true owner not others.

Question 7

Continuous

Answer 7

Possession is not surrendered

Question 8

For period given in SOL

Answer 8

Sol doesn’t run if bailment has to be hostile.

Question 9

Porter v. Wertz

Stupid art guy
Equitable estoppel

Answer 9

Samuel Porter (plaintiff) owned a painting by the artist Maurice Utrillo, which loaned to Harold Von Maker. Von Maker signed an agreement with Porter, stating that the painting would remain Porter’s, and if not returned, $30,000 would be paid to Porter. Von Maker then obtained Peter Wertz to sell the Utrillo painting to Richard Feigen (def). Feigen did not make any attempt to determine if Wertz was a reputable art dealer. In fact, he was not, and instead was employed by a delicatessen. Upon hearing of this, Porter brought suit to reclaim the painting. The trial court determined Feigen successfully argued that the affirmative defense of statutory estoppel constituted a bar to Porter’s suit. Porter appealed.

Question 10

Equitable estoppel

Answer 10

A legal principle that prevents a party from denying or alleging a certain fact on account of that party’s previous conduct or allegations.
An owner can be estopped from arguing that a vendor lacks good title as against a bona fide purchaser for value, where the owner has given said vendor possession and provided other indicators of having possession for the purpose of making a sale.

Question 11

To be an equitable bone ride purchasers u need what?

Culpability balanced w/stupidity of owner

Answer 11

• The true owner must cloak the vendor with indicia of title
  -Certificate of title
  -Executed bill of sale
  -The purchaser must buy in good faith
• The purchaser must pay value

Question 12

To be an statutory bona fide purchasers you need:

Statutory estoppel

Answer 12

• owner must entrust property to a merchant who deals in that kind of property(culpability is on OWNER)(not what merchant than sold it as)
  -The buyer must purchase the property in the ordinary course of business
  -The buyer must purchase the property in good faith
• The buyer must purchase the property without
  knowledge of the true owner’s title
• The buyer must have paid value

Question 13

Must I satisfy both stat & equitable estoppel rules?

Answer 13

No

Question 14

Bona fide purchaser

Answer 14

Has title even against true owner
Once has title, all in CHAIN(who subsequently acquire) also acq property as BFP
(Exception–if miscreant enters chain, Not)

Question 15

Estoppel

Answer 15

General concept: “ I don’t owe you this time” normally you would be entitled to sue me but because of….this time you can bring it.
Doing ……and was reasonable.

Question 16

Bona fide

Answer 16

Real;legitimate
Characterizes nature if it

Ex) de facto law students, here not working vs. bona fide= work hard

Question 17

Void title

Answer 17

Without legal effect

No title Ever existed

Question 18

Voidable title

Answer 18

Can be undone
Legally effective until canceled
Title exists until challenged by the true owner

Question 19

Common law title for pers. prop

Answer 19

Recognizes title w/out req. written doc.

Title allowed to transfer by transfer of the thing.

Question 20

Today title

Answer 20

Some things require written document, ex. Cars
-Written documentation is required
-Title must be transferred by submitting the
appropriate paperwork to the state
Party with paperwork is going to win!!,

Question 21

Caveat emptor

Answer 21

Buyer beware

Question 22

Why the need to recognize BFP.

Answer 22

• Most things don’t have written docu, must rely on possession as being ownership
• If the purchase was within the normal stream of commerce — from a store, for ex–the seller almost always does have the right to sell the property
  -The true owner is more responsible for causing the problem than the purchaser