Introduction to Property

Question 1

Pierson v. Post: Pierson killed and carried off a fox that Fox was hunting. Who had rights to the fox?

Answer 1

Pierson - had actual possession.

Rule: Statute takes precedence over customary rights.

Question 2

What are the requirements for a customary right?

Answer 2

1. Must be old,
2. people have to agree on it
3. must be a private (not commercial) right

Question 3

What is a bailment?

Answer 3

A lease, transfer of personal property to another for a specific purpose, with a contract, and the property is returned when the purpose is completed. Must be returned in the same condition unless otherwise specified in the contract.

Question 4

What are the three requirements for a “Gifts Causa Mortis?”

Answer 4

1. Intent to make the transfer upon impending death
   
   • Ownership upon death, no death reverts to grantor
   • can be revoked at any time
2. Acceptance by Grantee
3. Delivery, manual or constructive

Question 5

What is Manual Delivery (Gifts Causa Mortis)?

Answer 5

physical transfer of possession over the object itself (grantor hands it to the grantee).
- Required when the object is present unless too big or cumbersome to be moved.

Question 6

What is Constructive Delivery (Gifts Causa Mortis)?

Answer 6

Transfer of something that gives the grantee physical access or control over an object of the intended gift (eg: the key to a safe deposit box)

Question 7

What is an Inter vivos gift?

Answer 7

Donee retains immediate possession and cannot be revoked.

Question 8

Hocks v. Jeremiah - Intestate gifted bearer bonds to sister, but placed them and other items in joint safety deposit box.

Answer 8

First four bonds were a completed gift, but other items were not because there was no exclusive control or possession of the property (no proper delivery).

Question 9

What are the four categories of found property?

Answer 9

1. Lost
2. Mislaid/Misplaced Property
3. Abandoned
4. Treasure Trove

Question 10

What is “lost” property

Answer 10

the owner unintentionally and involuntarily parts with its possession and does not know where it is.

Goes to the finder of the property unless owner puts forth a claim within 12 months.

Question 11

What is “Mislaid/Misplaced” property?

Answer 11

Voluntarily put in a certain place by the owner who then overlooks or forgets where the property is.

Goes to the owner of the premises where the property was found, unless the true owner makes a claim within 12 months.

Question 12

What is “Abandoned” property?

Answer 12

The owner no longer wants to possess it.

Goes tot he finder, even if the original owner comes back to claim it.

Question 13

What is “Treasure Trove” property?

Answer 13

Property must have been hidden or concealed for such a length of time that the owner is probably dead or undiscoverable.

Goes to the finder unless the true owner appears and makes a claim.

Question 14

Benjamin v Linder Aviation - Plaintiff employee found $18,000 case while working on an aircraft. Attempted to claim under state statute for lost property.

Answer 14

Court determined money was “misplaced” and went to the owner of the premises, which was the airplane owned by a bank.

Question 15

Columbus-America v. Atlantic Mutual Insurance - CA discovered shipwreck and was sued by insurance company who underwrote the original cargo 135 years prior.

Answer 15

Circuit Court ruled for defendant determining that there was not enough evidence to show that the defendant affirmatively abandoned their interest in the gold. Law of Salvage applied

Question 16

Fee simple - Allows most use of land, but can be highly restricted. What are the limitations?

Answer 16

Eminent domain (government taking)
Law of Nuisance
Personal agreements to restrict certain uses (Easements)
Regulations (zoning, environmental controls, etc)
Right to Exclude
Public Trust Doctrine

Question 17

What is Nuisance per say?

Answer 17

Conduct that is nuisance itself (such as a house of prostitution or a dog-fighting business). Usually illegal of a morality issue.
Is a nuisance no matter where it is located.

Question 18

What is nuisance per Accidens?

Answer 18

Otherwie lawful conduct that is wrongful because of the particular circumstances of the case where it is located. Eg: halfway houses or soup kitchen in a residential neighborhood.

Question 19

What are the two types of nuisance?

Answer 19

Public - affects a large number of people or an entire community.
Private - affects a few people

Question 20

Bove v. Donner-Hanna Coke Corp. - Plaintiff purchased land and built a grocery store and residence on the property. Later, a coke factory was built across the street causing large amounts of pollution and noise.

Ruling for defendant - area “naturally adapted” for industrial use.

Answer 20

General Rule - an owner is free to use his property as he sees fit, without objection or interference from his neighbor, provided such use does not violate an ordnance or a statute.

Limitation - not permitted to make an unreasonable use of his premises to the material annoyance of his neighbor, if the latter’s enjoyment of life or property is materially lessened thereby.

Question 21

Spur Industries v. Del Webb - Defendant built and sold homes on cheap land near Plaintiff’s cattle feed lot. As development neared the feed lot, developer sued for nuisance.

Answer 21

Feed lot was a nuisance due to flies and smells causing an unhealthy environment for the residential areas. However, Del Webb knowingly built homes in the area and were required to indemnify Spur Industries for the cost of relocating or shutting down the business.

Question 22

What are the three types of property?

Answer 22

1. Personal - things you can carry around
2. Real - land, buildings, fixtures, etc
3. Intangible - not something that can be picked up or touched; rights, ideas, and expressions. Also called Intellectual Property.

Question 23

What are the four main categories of intangible property?

Answer 23

1. Trade Secrets
2. Copyrights - books, pictures, etc.
3. Patents - inventions such as the light bulb, space shuttle, drugs, etc.
4. Trademarks - symbols that designate sources of origin.

Question 24

Define Trade Secrets and the requirements for something to qualify as such.

Answer 24

Information including a formula, pattern compilation, program, device, method, technique, or process.

• Must derive economic value from not being generally known
• Not readily ascertainable from proper means
• subject to efforts to keep it a secret.

Protected by the Uniform Trade Secret Act.

Question 25

Sentell v. New Orleans & C.R. Co: Train killed unregistered, pregnant, purebred dog and Owner sued. What is the first Question in any property case?

Answer 25

Does the plaintiff have a property interest?

Question 26

What is a Patent?

Answer 26

Covers any nee and useful process, manufacture, or composition of matter.
Does not include abstract ideas or laws of nature.
Constitution, Art 1, §8, Clause 8.

Question 27

What are the four requirements for an item to be patentable? (must have all 4)

Answer 27

1. subject matter
2. social utility
3. novelty
4. non-obvious

Question 28

What rights come with a patent?

Answer 28

Make
use
sell
offer for sell
import

Question 29

What is a copyright?

Answer 29

Original “works of authorship” fixed in any tangible medium

Question 30

What rights accompany a copyright?

Answer 30

reproduce
derivative works (e.g.: a movie from a copyrighted novel)
distribution
perform/display
circumvention
moral rights

Question 31

What is “fair use” in regards to a copyrighted work?

Answer 31

Allows some use of the copyrighted work for:
criticism
comment
news reporting
teaching
etc.

Question 32

What are the factors for evaluating fair use (balancing test)?

Answer 32

1. Purpose and character of your use
2. nature of the copyrighted book
3. amount used
4. effect the use on the potential market

Question 33

What is a Trademark?

Answer 33

A symbol of the goodwill of the business.
-word, name, symbol or device used by a person/company to identify and distinguish his or her goods from the goods of another.