Found Property Flashcards
Goddard v. Winchell
Meteorite/aerolite
Owner/plntf of land gets it. “whatever affixed to soil belongs to the soil.”
It was never lost or abandoned.
(Winchell looses out cuz he bought something assumed had title, buyer beware)
Pound right most concerned with?
Possession
Replevin
Action at law
Seeking the return of a specific item of personal property
*must be UNIQUE,not fungible
Fungible
Not unique
Injunction
Thou shalt not…
Usually equity chancery court
2 systems of law in US
1) law courts (paid damages)
2) equity chanceries/courts
Order to do or not do algo
Riparian rights
Interest a title holder has to the water in a river or lake on property.
Accretion
Owners right to the soil deposited on his land due to natural forces. (Erosion, gravity, floods)
Accretion law is a response to the forces of erosion and gravity
Caviat emptor
Buyer beware. Winchell lucks out
In order to FIND personal property….
Must have been owned by someone first
Locus in quo
Place in question
Property placed inland by natural forces belongs to whom.
The party who owns the locus in quo
Eads v. Brazelton
Abandoned property
To be “abandoned” property:
1)It must have been previously owned
2)Its original owner must have surrendered possession
3)Its original owner must intend not to re-seek possession
(Title to abandoned property can be obtained by taking possession of the property)
How do you know if something abandoned?
1) out of possession of true owner
2) intent not to reclaim it
3) must qualify as personal property (Goddard v. Wunschell)
How do u know if owner had intent to go back & get it?
Objective intent.
What a typical person would do.
Assume motives of the actor based on the facts.
Facts to weigh intent to reclaim it.
Value of the property itself (can change jury view). Implications of people objectively do with property.
Ex, dollar vs. pen on floor
What is possession
Control of an object
-w/intent to maintain control
Actual possession
Party physically controls the object
Constructive possession
Party controls the space in which the object is located.
Popov v. Hiyashi
Barry bonds ball
Popov caught, crowd got him, hiyashi pocketed it. Whether popovs attempt to catch ball grants him rt to possession. Can it be conversion if never possessed it.
-Popov had intent but never quite had control
Each man had a claim, both intended to possess.
Equitable DIVISION -fairsies, sold& divided
Hannah v. Peel
Law changing
Don’t possess just because lying unattached to surface of your land.(bridges v. Hawkesworth)
Mjr. Peel was transferred land he never used. Corporal Hannah found a brooch.
Peel did not have poss. Rts even though owned property, no knowledge of it, no intent to control
Armory v. Delamire
Chimney sweeper boy found jewelry, shop keep took it & returned w/out stones.
FINDER has rt of possession against evry1 but true owner.
Bridges v. Hawkesworth
Finder maintains rt of possession of personal property against all but true owner.
Public area
South stafford water co. V. Sherman
Gold rings found bottom of pool by def.. Ct found for company/property owner.
Finder is possessor ,unless property is found in a private area. Then turns over to owner of land (owner has intent to exercise control over land & what may be on it)
Natural deposits on land go to who?
Titleholder
Abandoned property goes to who?
First party to obtain possession
Lost property goes to?
Finder…..unless found in non-public place.
McAvoy v. Medina
Mislaid property
Pocketbook barbershop. Plntf wante money as finder.
Holding- plntf had not orig right to MISLAID PROP
Classes
Naturally placed, abandoned, lost, mislaid, treasure trove
Naturally placed
Def.
No created property placed on land by natural forces
Naturally place property
Right of possession
Person controlling the locus on quo
Abandoned
Def
Property once owned where the true owner has surrendered possession with no intent to reclaim it.
Abandoned
Right of possession
Any person who gets unto possession of pers prop
Lost
Def
Property out of possession of true owner
W/out the true owner realizing it, but not abandoned.
Lost
Right of poss
Person who finds the prop unless that person finds it within scope of his employment
Mislaid
Def
Prop placed out of the possession of the true owner intentional where the owner forgets to regain possession
Mislaid
Rt of possession
Whoever controls the locus in quo or, otherwise, the finder
Treasure trove
Def
Some types of prop hidden out of the possession of true owner intentionally where the owner intended not to regain possession.
Not used much inUSA.
The finder has right of possession
Should u give judgment whether lost or mislaid
Never.
Based on objective criteria. Not what really happened,
Most statutes help with clarity
Statutes
” are laws that change the common law adopted either by Congress at the national level or a state legislature
Lost property
Finders rights
Police
Lost-can be abandoned, mislaid or lost
Police keep it for 6 months, true owner does not claim then goes to finder. Title will vest in the finde
To benefit from finders statutes do I have to follow them in first place?
yes — to take advantage of a statute, you have to comply with the statute. Ultimately, however, you have to figure out what the legislature wanted to do
You find a watch on a table in Susan’s house. Susan does not own the watch. You keep the watch and do not give it to the police. Susan demands that you give her the watch.
-Under the common law, the watch is probably “mislaid,” so the person who controls the locus in quo, Susan, has the right of possession
-Under the statute, the finder is preferred
