Full Set Flashcards
annex
fixing personal property to real property such that it becomes immobile.
severance
generally permissible (no permanent annexation intent • occurs during T’s tenure • severed w/o damage).
leasehold
personal even though they also estates in land.
crops
wild crops are real & cultivated are personal, pass with conveyance of land.
DOCTRINE OF EMBLEMENTS
tenants or their heirs or assigns of holders of life estates can re-enter for crops cultivated during their tenure if tenure was (1) indefinite period & (2) termination was not for T fault or end of tenancy calendar.
acquiSITION methods
- Capture
- Creation
- Conversion
- Find
- Accession
- Confusion
- Adverse possession
- Gift
Capture (means of acquisition)
Wild animals when reduced to possession (dominion & control).
Escape becomes unowned subject to exceptions (marked • recapture efforts • hot pursuit • regularly returns).
Trespassers capture for owner.
Creation (means of acquisition)
- IP
- CL © must be actually produced & original & fixed
- author’s life + 70y.
- register (to bring claims).
Conversion (means of acquisition)
can pass converted property if currency & goods transferred through fraud to innocent 3rd party.
Find (means of acquisition)
o Abandoned property – express & intentional (could eventually escheat)
o Lost – title inferior to true owner and underlying property owner if trespasser, on private land or affixed to land.
o Misplaced – title inferior to true owner & rightful possessor of land on which goods are misplaced.
o Treasure trove – intentionally concealed to retrieve later, CL finder’s keepers, now we treat as lost.
Accession (means of acquisition)
altered by labor, generally ownership to original; innocent trespasser we unwind, accenssion, or trespasser pays.
Confusion (means of acquisition)
tenancy in common if everyone has unqualified claim to undifferentiated mass of same goods.
Adverse possession (means of acquisition)
can tack if privity.
Gift (means of acquisition)
causa mortis revocable until death/incapacity & only personal property. Future gifts to children need custodian.
LOSS (methods)
- ABANDONMENT – express & intentional.
- LOSS – original owner accidentally puts them in some unknown place to owner.
- MISPLACEMENT – original owner consciously put them down somewhere and later forgets to collect.
- FRAUD
- CONVERSION
