Personal Property Flashcards
What is personal property?
Property that can be moved.
Note: Includes leases, vegetation that is not wild, and fixtures.
When will an item of personal property attached to real property become real property?
Three part test: Whether the item of personal property can be easily removed once attached;
Whether the item has been adapted to the use of the real property;
Whether the owner intends to make the item of personal property part of the real property.
How must capture of unowned person property be acquired?
Through dominion and control.
What is copyright?
Copyright protects the creator’s property interest in the expression of an idea.
The work must actually exist, be an original work, and fixed in a tangible medium.
Lasts for 70 years.
What is the tort of conversion?
Interference by one person with the ownership or possession of another’s personal property.
General rule for lost property
A finder of lost property has a right to the lost property that is good against all the world except the original owner.
Once the original owner is found must return.
NOTE: Does not apply to trespassers or items in private location.
Lost property found in the course of employment
The general rule of finders does not apply if the person finds lost property during the course of employment. The employer has the possessory right.
Mislaid Property
Reasonably appears to have been put somewhere on purpose and then forgotten.
The owner of the place where the property was mislaid gets the possessory right that is good against all the world except the true owner.
Abandoned Property
The true owner leaves property somewhere and manifests an intent to give up ownership and possession.
What are the duties of finders of lost property?
The quasi-bailee has a duty to locate the true owner through reasonable means and the duty to keep the lost or mislaid property with due care.
What is the statutory time limit in Virginia to claim property?
5 years
What is accession?
Accession is the application of labor or materials to one person’s personal property by another.
What if there is uncertainty between two people about who owned an item of personal property?
The person who adds substantial value to the personal property will become the owner through accession as long as that person is an innocent trespasser.
What is confusion?
Confusion occurs in cases when the personal property of different people is mixed together and it is difficult or impossible to distinguish one person’s property from someone else’s
Rules for confusion
If you know who contributed the goods and in what proportion, the contributors are proportionate owners of the confused goods.
SOL for adverse possession of personal property
5 years.
Actual; Open and Notorious; Hostile and Adverse; Exclusive; and Continuous
What element is different in adverse posession of personal property?
Open and notorious because it is hard to discover so may depend on when discovered or when demand is made.
What is a gift?
A voluntary and gratuitous transfer of property from one person to another.
What is an inter vivos gift?
Gifts made between living person; once made it is irrevocable
Four elements; donative capacity, donative intent, delivery, and acceptance.
What does donative intent require?
Donative intent requires that the donor has the present intent to make the gift. Can be condition or unconditional
Note: A promise to make a gift in the future is not a gift
Is a check or promissory note a gift?
No, not until the cash as been transferred in to bank account or other.
Idea is person making gift can stop payment before cashed.
What is git causa mortis?
This is a gift made in apprehension of the donors impending death. It is revocable anytime before death.
In addition to five elements, the donor must be in apprehension of his/her impending death.
NOTE: Can not use a gift causa moris to defeat the claims of creditors.
What is the Virginia Uniform Transfers to Minors Act
The UTMA provides for the transfer of personal property from an adult transferor to a custodian for the benefit of a minor.
What are the personal property remedies?
Detinue- recover property
Trespass- recover monetary damages
Trover- recover actual value of the property itself
What is a lien?
A claim that a creditor has on the personal property of another with respect to a debt, an obligation, or a duty that is owed to the creditor.
Creates an encumbrance on the property.
Special kinds of liens
Innkeepers Lien
Stable, Land, Marina, or Hangar Keepers Lien
Mechanics Lien
Cleaners Lien
Lien on Motor Vehicle
Bull or Jackass Lien
What does Virginia require for notice of a lien?
Virginia requires a lienor give three forms of notice.
- Advertise the time, place, and terms of the auction;
- 10 days notice of the auction to the property owner; and
- Advance notice to any third person with a secured interest in the property
What is the auction process for a lien?
If the property value is less than 10k no judicial process necessary.
If property more than 10k but less than 25k must get approval of GDC in the city or county where the property is location
If more than 25k must get Circuit Court approval in city or county where property located
How does one get a lien released?
Action of the court or agreement with the lienor
What is a bailment?
The transfer of possession, but not transfer of ownership of personal property from one person to another.
The bailee must return the property to the bailor at the end of the bailment.
First step in analysis of a bailment; What are the elements
Three elements;
The bailee must have physical possession of the property and the intent to exercise control over the property;
The bailee must agree to the bailment;
The bailee must know of the personal property
What is not a bailment?
Employers property, sale
Who bears the risk of loss in a bailment
In the absence of fault by the bailee the risk of loss stays with the bailor.
Second step in analysis; bailee standard of care
The bailee has an obligation to exercise care while in possession of the property. The standard of care depends on the type of bailment.
Bailment solely for the benefit of the bailor
Slight diligence
Bailment for the mutual benefit of the bailor and bailee
ordinary care
Bailment solely for benefit of the bailee
Great diligence; thus bailee will be liable for loss of damage resulting from the bailee’s slight negligence.
When is the bailee strictly liable for loss or damage to the bailed goods?
If bailee uses the bailed goods outside the scope of bailment, if bailee moves the property from agreed storage, and failure to return the property or misdelivery of property
Who has the right of possession?
Bailee as right of possession exclusive against all the world until bailment ends.
Note: This means even bailor can not interfere or sue for possessory rights during time of bailment
Can bailee limit their liability?
In Virginia, public policy frowns on a bailee’s attempt to waive or limit liability. Waivers and limitations not strictly void but will be construed.
Limits must be known and agreed to.
Expenses incurred by bailee?
Ordinary and customary expenses fall with the bailee but extraordinary expenses can be charged to bailor.
Defects in bailed property?
In a compensated bailment, bailor is obligated to inform the bailee of any defects in the bailed property that the bailor knows or should know.
In gratuitous bailment, only inform of known defects.
