Personal Property

Question 1

What is personal property?

Answer 1

Property that can be moved.

Note: Includes leases, vegetation that is not wild, and fixtures.

Question 2

When will an item of personal property attached to real property become real property?

Answer 2

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.

Question 3

How must capture of unowned person property be acquired?

Answer 3

Through dominion and control.

Question 4

What is copyright?

Answer 4

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.

Question 5

What is the tort of conversion?

Answer 5

Interference by one person with the ownership or possession of another’s personal property.

Question 6

General rule for lost property

Answer 6

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.

Question 7

Lost property found in the course of employment

Answer 7

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.

Question 8

Mislaid Property

Answer 8

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.

Question 9

Abandoned Property

Answer 9

The true owner leaves property somewhere and manifests an intent to give up ownership and possession.

Question 10

What are the duties of finders of lost property?

Answer 10

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.

Question 11

What is the statutory time limit in Virginia to claim property?

Answer 11

5 years

Question 12

What is accession?

Answer 12

Accession is the application of labor or materials to one person’s personal property by another.

Question 13

What if there is uncertainty between two people about who owned an item of personal property?

Answer 13

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.

Question 14

What is confusion?

Answer 14

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

Question 15

Rules for confusion

Answer 15

If you know who contributed the goods and in what proportion, the contributors are proportionate owners of the confused goods.

Question 16

SOL for adverse possession of personal property

Answer 16

5 years.

Actual; Open and Notorious; Hostile and Adverse; Exclusive; and Continuous

Question 17

What element is different in adverse posession of personal property?

Answer 17

Open and notorious because it is hard to discover so may depend on when discovered or when demand is made.

Question 18

What is a gift?

Answer 18

A voluntary and gratuitous transfer of property from one person to another.

Question 19

What is an inter vivos gift?

Answer 19

Gifts made between living person; once made it is irrevocable

Four elements; donative capacity, donative intent, delivery, and acceptance.

Question 20

What does donative intent require?

Answer 20

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

Question 21

Is a check or promissory note a gift?

Answer 21

No, not until the cash as been transferred in to bank account or other.

Idea is person making gift can stop payment before cashed.

Question 22

What is git causa mortis?

Answer 22

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.

Question 23

What is the Virginia Uniform Transfers to Minors Act

Answer 23

The UTMA provides for the transfer of personal property from an adult transferor to a custodian for the benefit of a minor.

Question 24

What are the personal property remedies?

Answer 24

Detinue- recover property

Trespass- recover monetary damages

Trover- recover actual value of the property itself

Question 25

What is a lien?

Answer 25

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.

Question 26

Special kinds of liens

Answer 26

Innkeepers Lien

Stable, Land, Marina, or Hangar Keepers Lien

Mechanics Lien

Cleaners Lien

Lien on Motor Vehicle

Bull or Jackass Lien

Question 27

What does Virginia require for notice of a lien?

Answer 27

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

Question 28

What is the auction process for a lien?

Answer 28

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

Question 29

How does one get a lien released?

Answer 29

Action of the court or agreement with the lienor

Question 30

What is a bailment?

Answer 30

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.

Question 31

First step in analysis of a bailment; What are the elements

Answer 31

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

Question 32

What is not a bailment?

Answer 32

Employers property, sale

Question 33

Who bears the risk of loss in a bailment

Answer 33

In the absence of fault by the bailee the risk of loss stays with the bailor.

Question 34

Second step in analysis; bailee standard of care

Answer 34

The bailee has an obligation to exercise care while in possession of the property. The standard of care depends on the type of bailment.

Question 35

Bailment solely for the benefit of the bailor

Answer 35

Slight diligence

Question 36

Bailment for the mutual benefit of the bailor and bailee

Answer 36

ordinary care

Question 37

Bailment solely for benefit of the bailee

Answer 37

Great diligence; thus bailee will be liable for loss of damage resulting from the bailee’s slight negligence.

Question 38

When is the bailee strictly liable for loss or damage to the bailed goods?

Answer 38

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

Question 39

Who has the right of possession?

Answer 39

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

Question 40

Can bailee limit their liability?

Answer 40

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.

Question 41

Expenses incurred by bailee?

Answer 41

Ordinary and customary expenses fall with the bailee but extraordinary expenses can be charged to bailor.

Question 42

Defects in bailed property?

Answer 42

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.