Law of Personal Property (Property) Flashcards
What’s needed for possession?
Intent + control
What is first-in-time, first-in-right?
If I had rights to an object before you, my rights are superior to yours.
What is ratione soli?
Justification for assigning property rights to landowners over resources found on their land. Not widely accepted in the US. Hunter gets ownership of a wild animal even if it is captured on private land is the US rule (can be avoided by posting no hunting or no trespassing signs).
What did we learn from Pierson v. Post?
Property in wild animals is acquired by occupancy, meaning at least mortally wounding or capturing from a distance, and at most physical possession. Mere pursuit is not enough.
What is ferae naturae?
any animals not designated as domesticated animals by the law. Generally considered the property of no one.
What is bailment?
Rightful possession of goods by one who is not the true owner with an express or implied duty to return the specific property. Can’t be created with fungible goods, such as cash. The bailment must be consensual and the bailee must have some form of control.
What are the 5 types of bailments and their standard of care?
Solely for benefit of bailor: slight care; bailee only liable for gross negligence
Mutual benefit: ordinary care; bailee liable for ordinary negligence
Solely for benefit of bailee: great care; bailee liable even for slight negligence
Misdelivery: Strict liability
What is accession for bailments?
accession refers to the acquisition of property through the addition of value to existing goods, where the original goods are not lost or changed in identity. This addition of value, through labor or new materials, leads to the newly created or enhanced property becoming part of the original goods.
Example: watchmaker repairs watch by replacing a part with a more expensive part, thereby increasing the value. Does the bailee/watchmaker have a valid claim or right to the property now?
What did we learn from Peet v. Roth Hotel?
A bailee has the burden of proving that a loss of property was not the result of his negligence.
What did we learn from First American Bank v. DC?
Gross negligence is required to hold a bailee liable for loss of the owner’s property only if the bailee was gratuitous, not compensated.
What are the 5 categories of found property?
Lost, abandoned, mislaid, treasure trove, and contraband
What is lost property?
Property that the owner unintentionally and involuntarily parts with, and does not know where to find it. Finder has superior rights except as to the true owner.
What is abandoned property?
Property that the owner intentionally and voluntarily relinquishes all rights, title, and interest in. Finder obtains full ownership.
What is mislaid property?
Property that the owner intentionally placed somewhere but then forgot. Owner of the premises/locus has superior rights to the property.
What is treasure trove?
Gold, silver, or currency intentionally hidden in a concealed place, with the true owner unknown. Goes to the finder, traditionally. Some courts might treat it as lost or mislaid property.
What is contraband?
Property that is illegal to possess (e.g., illegal drugs, unlicensed weapons). Government has a right to the property.
What is property embedded in soil? Who owns it?
Personal property embedded in soil is the legal possession of the land owner.
What are the 3 elements for an inter vivos gift?
Intent, delivery, and acceptance. Once all 3 elements are met, the gift is irrevocable (besides gifts causa mortis and conditional gifts).
Intent: The donor has to intend to make a gift. Ask: Did the donor intend to make a gift? Did the donor intend to make a gift right now during their life? Or was it intended for after their death?
Delivery: Donor has to deliver the gift. Until a gift is delivered, it can be revoked. Delivery means relinquishing control. There are 3 kinds of delivery: actual, constructive, and symbolic. There’s a preference for the donor to make the best delivery reasonably possible under the circumstances—symbolic would be considered a last resort. Donor has to deliver the gift. Until a gift is delivered, it can be revoked. Delivery means relinquishing control. There are 3 kinds of delivery: actual, constructive, and symbolic. There’s a preference for the donor to make the best delivery reasonably possible under the circumstances—symbolic would be considered a last resort.
Acceptance: acceptance is presumed if the object has value. You don’t have to accept a gift, you can reject it.
What are the 3 types of delivery for gifts?
Actual, constructive, and symbolic. There’s a preference for the donor to make the best delivery reasonably possible under the circumstances, with symbolic being the last resort.
What did we learn from Carter v. Percy?
A decedent’s estate must pay a check written and delivered to the payee as a gift during life, even though the payee did not present the check for payment until after the decedent’s death.
What is a gift causa mortis?
A gift causa mortis is one that is made when the donor expects to die soon. If circumstances change, and the donor recovers, then the gift is revocable.
Elements of adverse possession?
Actual entry giving exclusive possession (starts the SoL period), open and notorious, adverse and under claim of right through the objective standard, and continuous for the statutory period of 20 years (uninterrupted!).
What are the various standards for adverse and under claim of right for AP?
Good faith standard: good faith mistake that you thought it was yours
Bad faith standard: you have to have a conscious desire to acquire someone else’s property
objective standard: state of mind is irrelevant
What is Ad Coelum?
Owner of land owns the land, including anything above or below it. All the way to heaven and all the way to hell.
