Lesson 1 - Intro to US Property

Question 1

Acquisition by Discovery is

Answer 1

The finding of previously unknown land and claiming it as your own

Question 2

Acquisition by Conquest is

Answer 2

The taking of the land by force

Question 3

What is the Nemo Dat principle?

Answer 3

You cannot give property what isn’t yours. Ex. a Homeowner cannot sell Susie their house, and then receive a better offer from John and then sell to them

Question 4

What is the Doctrine of Accession? Give an example

Answer 4

When one person adds to the proeprty of another through labor, or labor and new materials. Ex. A construction company building a house

Question 5

What are the 3 factors to be considered for the Doctrine of Accession to come into play?

Give an example

Answer 5

1. Mental State of the improver (good faith is required). 2. Extent of Improvement (the more improvement, the more the improver is likely to be owed for their work) 3. The relative value added by the improver (the more value added, the more the improver is likely to be due compensation)

Ex. Bob Makes wine from grapes he doesn’t know belong to Alex. When Bob sells the wine, he should pay Alex the value of the grapes, and keep the difference as compensation for his own labor.

Question 6

What is the Doctrine of Increase?

Give an example

Answer 6

If an animal is domesticated, any offspring of that animal will belong to the owner of the biological mother. Also applies to offspring of offspring, and so on

Billy Bob’s prize Golden Retriever Lucy hops the fence over to visit the neighbours dog and hangs out there. Despite that, the pups, and Lucy belong to Billy Bob.

Question 7

True or false, if a domesticated animal and/or its offspring is voluntarily cared for by someone not the owner, it’s offspring could become the property of that other person.

Answer 7

False

Question 8

What is Ratione soli?

Give example

Answer 8

Constructive possession of land. A landowner is considered to have possession of everything on that land, even if they do not physically possesss it.

Ex. Mary Jo has a freshwater spring on her property. She ownss all the water that comes out of it

Question 9

Trespasser’s rights to property are ___ than landowners. This principle is called ____

Answer 9

Weaker, reltiive title

Question 10

If an animal is properly domesticated, and a hunter kills it on public land, who owns the carcass? What if the animal is undomesticated? What is the undomesticated animal wanders onto private land?

Answer 10

The owner, the hunter, the owner

Question 11

What is a finder?

Answer 11

A person who 1. take control over lost property, and 2 has intent to maintain control over that property

Question 12

What are damages owed tp finders?

Answer 12

The value of the lost property?

Question 13

A finder had a weaker title against ___

Answer 13

The TO

Question 14

One finder finds a gold bracelet, loses it, and then it is found by a second finder. who owned the bracelet?

Answer 14

The first finder (better title against all bu the TO)

Question 15

What happens if a finder sells the goods before the TO can come forward?

Answer 15

The TO is owed the proceeds of the sale

Question 16

What is a bailment? Give an example

Answer 16

Rightful possession of good by someone who is not the owner

Ex handing a car over to the valet

Question 17

Bailments require ___, and this can be done in the following 3 ways

Answer 17

Delivery of possession. Can occur 1. Actual Delivery (handing the thing over) 2 Constructive delivery (handing over the key to a safe) 3 Symbolic delivery (handing over some written instrument)

Question 18

A failure to return a bailment in ___ will result in ___ according to the common law

Answer 18

Save or better condition than when it was transferred, strict liability

Question 19

Dee lets Billy house sit for a week. Billy lets Dee know that he will be out of town for the weekend of that week, and Dee says that its fine. Over the weekend, the pipes burst. Dee sues Billy who wins?

Answer 19

Dee wins. Billy did not return the house to Dee in the same or better condition as a Bailee and is thus strictly liabile

Question 20

A valuble is found land by someone not the owner of that land. Who is entitled to the valuble?

Answer 20

Depends upon the level of access the public has to the land. Supermarket vs private residence. Law heavily favours the landowners of private residences

Question 21

True or Falce: In order to have a claim upon something found on their property, the landowner must have known about it beforehand?

Answer 21

False. Landowner to not need to have known of the thing in order to be entitled to possession of it.

Question 22

When is something “lost”?

Answer 22

When the owner inadvertently loses possession over it

Question 23

When is something “mislaid”?

Answer 23

When the owner intentionally laces something somewhere, but then forgets where it was put or forgets to retrieve it

Question 24

If Johnny MISLAID his gold watch in a supermarket, and it is found by ken, who is entitled to the watch?

Answer 24

The supermarket. the Owner of the premies is favoured for mislaid items

Question 25

If Karen LOSES her Tiffany earring inside a bank, and it is found by Stephanie, who is entitled to the earring?

Answer 25

Depends upon how much access the public had to that specific spot inside the bank

Question 26

A property is abandoned when…

Answer 26

The owner intentionally relinquishes all legal rights to the property without intentionally conferring them to someone else (not a sale, not a gift)

Question 27

True or false, the passage of time is sufficient to prove that a property is abandoned?

Answer 27

False

Question 28

Who is entitled to abandoned property?

Answer 28

The first person who finds it

Question 29

What is a treasure trove?

Answer 29

A collection of valuables that has been concealed in a place

Question 30

What is the US rule for treasure troves?

Answer 30

Treats it as either lost or mislaid proeprty

Question 31

Joey forgets where he buried his cache of Season 1 Kim Possible DVDs. They are found on Bonnie’s land by Ron.

Answer 31

Bonnie. When treasure is buried, it is automatically given to the landowner. This is becasue it is impossible to lose possession over something that is buried

Question 32

A gold coin is found on the street by Johnny, who loses it, and one way or another, is buried on Stephanie’s land. It is dug up by Bradly. Who owns the coin?

Answer 32

Johnny. As first finder, he has superior rights to all but the TO