II. Acquisition and Ownership Attributes of Property Flashcards
Gurwit v. Kannatzer (Real Property)
Under Missouri law, a person whose possession of a property is hostile, actual, open and notorious, exclusive, and continuous for the statutory period of 10 years may gain title to that property by adverse possession.
Gurwits used 17 acre tract of land for 20 years, which Gruenders knew about until they discovered it belonged to them.
Van Valkenburgh v. Lutz (Real Property)
A party takes adverse possession of a property owned by another when he takes actual possession of it, encloses it and/or makes improvements to it, for statutory period of years.
Lutzes walked across a triangular parcel to get home, and used it for farming.
Howard v. Kunto (Real Property)
Adverse possession occurs when a person takes actual possession of property that is uninterrupted, open and notorious, hostile and exclusive, under a claim of right for a statutorily specified period of time.
Howard discovers him and multiple neighbors were on the wrong land, court allows tacking rule for adverse possession for Kunto.
US v. Causby (Airspace Rights)
Property is taken within the meaning of the Fifth Amendment by a direct and immediate interference with the enjoyment and use of private land that renders it uninhabitable.
Flights over Causby’s farm causes death of many chickens.
Chance v. BP Chemicals (Subsurface Rights)
Under Ohio law, a real property owner will not prevail on a trespass claim where the trespass alleged is an invasion of subsurface property, and no physical damage or actual interference with the reasonable and foreseeable use of the property has been demonstrated.
BP claims containmated water over 2000 ft below Earth’s surface was safelty contained in impermeable layer of rock.
Michigan Citizens for Water Conservation v. Nestle (Riparian rights)
As to disputes between riparian and groundwater users, a court will enjoin a groundwater user’s use of water if the use’s interference with riparian users is unreasonable under the circumstances.
Nestle tries to pump too much water, draining Dead Stream and causing environmental and recreational impact.
State v. Shaw (Personal Property)
Stealing fish safely secured and confined can be larceny, even if it was not absolutely impossible for the fish to escape.
Shaw steals fish contained in two nets that were unattended.
Hannah v. Peel (Personal Property)
A finder of lost chattel on another’s property has rights to that chattel superior to the rights of the property owner.
Hannah finds brooch in house that quartered soldiers, but Major Peel never lived in.
McAvoy v. Medina (Personal Property)
Mislaid property is not subject to the rule that a finder of lost property has a valid claim to the property against everyone except the true owner.
McAvoy finds pocketbook with money in Medina’s barbershop, leaves it with Medina for the true owner, but comes back for the money when no owner claims it.
Benjamin v. Lindner Aviation (Personal Property)
Under the common law, property is mislaid when it is intentionally placed or concealed by an owner and later forgotten, and the property belongs to the owner of the premises where the property is found.
Lindney employee Benjamin finds $18,000 in plane’s wing.
Armory v. Delamirie (Personal Property)
A person who finds a piece of chattel has a possessory property interest in the chattel, which may be enforced against anyone except the true owner of the chattel.
Chimney sweep Armory finds jewel, takes it to Delamirie for appraisal, but Delamirie’s apprentice refused to return it. First finder wins.
Gruen v. Gruen (Inter vivos gift)
To make a valid inter vivos gift, the donor must intend to make a present transfer, either actual or constructive delivery of the gift must occur, and the donee must accept the gift.
Victor Gruen sends letters intending to deliver painting to son Michael, but Michael’s stepmom refuses to deliver painting upon Victor’s death.
O’Keefe v. Snyder (Statute of limitations)
The discovery rule tolls the statute of limitations if the owner of stolen personal property acted with due diligence to pursue the property.
O’Keefe notices 3 painters gone in gallery in 1946, but does not bring suit until she learns her paintings were in a gallery in 1975.
Inter vivos gift
Three reqs:
(1) Intent: Donor must intend to make a present/immediate, irrevocable, and absolute transfer of an interest in property. Must be voluntary and without consideration(a gift).
(2) Delivery: Donor must make a manual, constructive, or symbolic delivery of gifted property. Symbolic delivery is usually for when actual delivery is impracticable. (MCS)
* Manual delivery: physical transfer of gifted item to donee; traditionally required if practicable.
* Constructive delivery: physical transfer to donee of object that provides access to gifted item.
* Symbolic delivery: physical transfer to donee of object that symbolizes or represents the gifted item.
(3) Acceptance by the recipient (donee): Although donees might conceivably refuse gifts under some circumstances, acceptance is usually presumed if the property is valuable/beneficial to the donee
Causa mortis- gift made in anticipation of the giver’s death
○ Freely revocable: The giver can change their mind up to the moment of the giver’s death
Adverse Possession
(1) actual - use/possession in manner of a reasonable owner
(2) open and notorious - sufficiently visible that owner knows of trespass or should know upon reasonable inspection
(3) hostile - without permission of true owner throughout limitation period
(4) exclusive - not shared
(5) continuous for statutory period - can allow tacking, but requires privity
HOECA (Hoes in CA)
