Operation of Law: Bailment and Adverse Possions Flashcards
What is the Definition of Bailment
Definition: When a bailor temporarily transfers exclusive possession and control to (and is accepted by) the Bailee, pursuant to an express or implied contract or by operation of law
No Conveyance of title here
What is the duty of a Bailee and what are his or her liabilities?
Duty: the duty is to redeliver the item undamaged
Liability:
1) Unauthorized use
2) Misdelivery
3) breach of agreement to insure
Bailment Elements
1) Physical possession of the property
2) knowingly possess the property
3) know exactly what is possessed (contain/ordinary contents rule)
4) must consent
What are examples of a Bailee/Bailor relationship
Yes:
1) borrow items
2) dry cleaners
3) Valet
No
1) Self-service lot
2) Locker at airport
Adverse Possession
Definition: Open and notorious adverse possession for the continuing statutory period
(OAPCS)
Open and Notorious (Adverse Possession)
Open and Notorious Possession
1) requirements are actual or constructive notice of possession that a phyisical inspection would reveal
2) if in jail or in army, the SOL doesn’t start because you can’t know (at inception of AP)
What is Adverse (element of Adverse Possession)
1) Without owner’s permission and no legal right
2) Will not run if not adverse
3) Essentially must tresspass
What is Possession (AP)
Definition:acts of dominion and control that would be natural and appropriate for possession considering size, condition, and location of land
What is Continuing (AP)
Must be reasonably continuous: cannot have significant gaps; permissible interruption varies depending on use of land, facts, and circumstances
1) if not continuous SOL resets
What is the Statutute of Limitations and how does it stop and start
1) Period of time, varying from state to state, that person must adversely possess land before title can be passed
2) Legal ejectment is enough to stop it; granting permission after the fact is not enough
3) some states require taxes to be paid (treat as own) but others not (if you expect to be paid for work you did on the land=you know its not yours)
4) If you have a disability (you are in prison, serving overseas) at the time the AP starts, court will protect that person
Claim of Right (AP)
Three different Treatments
1) Treat as your own (Majority)–> no acts inconsistent with right to possession; don’t look subjective intent
2) Believe you own the property–> not majority….some States require good faith
3) Believe that you don’t own property–> Dumb
Note: Some states require that you pay taxes and some don’t
Color Title
Definition–> Some states require possession by claim of title document
1) If required, SOL is shortened
2) if required there is a presumtpion of construtive possession of all the land described in the deed, even though you didn’t adversely possess the whole prop. in the deed
What is Tacking?
Definition: If later adverse possessor acquires property through privity the statute of limitation continues to run
Privity: Property by gift, purchase or inheritance
Privity must be continuous and intermittent trespassers will not amount to adverse possessors
What are Disabilities?
i. Infancy, insanity, prison, military
ii. Must exist when cause of action arises to apply
iii. Adds an additional 7yrs to statute of limitations (if not removed) or 3 yrs (if disability is removed)
What are general applications and restrictions of Adverse Possession
1) can be used as a defense if defect in title; can secure title from past against past defect ?????check this
2) Adverse Possession may not apply to future interests, it depends if it is adverse to those particular interests
