Possession Flashcards
Elements of Possession
(1) An intent to possess on part of the possessor
(2) His/her actually controlling of the property
Other Factors of Possession (Outside of the Elements)
(1) Custom - what is the custom of certain industry? (e.g. whaling, baseball)
(2) Was the possessory interest achieved through lawful means
(3) Was there a sufficient effort put forth.
Pierson vs. Post (Rule)
Mere pursuit of something does not mean possession; must OCCUPY (deprive animal of natural liberty)
Popov v. Hayashi (Rule)
Concept of pre-possessory interest; possessory was taken away by unlawful means originally
First in Time/First in Right Rule
First in time/first in right stands for the proposition that we want to encourage the labor and investment it takes to get a possessory interest in something.
First person to take occupancy is the true owner.
Rule of Capture
Person who drills and captures oil or natural resource has full right to drain a common pool, even if it has migrated to other lands.
This does NOT extend negligent drilling. If you negligently drilled it, you never captured it.
Relativity of Title
Proposition that subsequent possessors may have better right of title than others, even if a full property right is lacking.
A subsequent finder has better title than anyone but the true owner.
Ima Lukkin finds a ring owned by Opal Essent on property owned by Anna Mossity. Anna has never seen the ring before, but claims it as owner of the locus where the ring is found:
If Ima finds the ring in Anna’s private home while a guest there, is Ima entitled to the ring as against Anna?
No. Prior possessor usually wins. As against a guest, Anna has a prior constructive possession of all objects in her home, even if she is not aware of them.
Ima Lukkin finds a ring owned by Opal Essent on property owned by Anna Mossity. Anna has never seen the ring before, but claims it as owner of the locus where the ring is found:
If Ima finds the ring on the wash basin in the women’s room of Anna’s store, is Ima entitled to the ring?
Maybe.
Could be MISLAID by the owner who intentionally placed it there or LOST by another patron of the store.
If mislaid, it goes to Anna. If lost, it goes to Ima.
Lost, Mislaid, and Abandoned (Definition and Who Wins?)
Lost: Property owner accidentally lost. (Goes to finder typically)
Mislaid: Intetionally placed somewhere and forgotten about (owner wins)
Abandoned: Owner purposefully and voluntarily relinquished it (Finder wins)
Ima Lukkin finds a ring owned by Opal Essent on property owned by Anna Mossity. Anna has never seen the ring before, but claims it as owner of the locus where the ring is found:
If Ima finds the ring in the ground while digging on Anna’s farm, is Ima entitled to the ring, as against Anna?
No. Invokes Embedded in the Soil Doctrine. If anything is found embedded in the soil of someone’s property, it goes to the owner.
Treasure Trove Doctrine
If gold/silver/money is found on someone’s property dug up, it can go to the finder if the owner is dead.
Ima Lukkin finds a ring owned by Opal Essent on property owned by Anna Mossity. Anna has never seen the ring before, but claims it as owner of the locus where the ring is found:
Ima finds the ring on the floor of Anna’s shop. She gives the ring to Anna to look at and Anna refuses to give it back. Is Ima entitled to full value?
Yes. It would appear that the ring is lost. This is very similar to Armory vs. Delamirie.
What is a Finder Statute?
Many states have finder statutes that outline what is done when a finder discovers object. Typically involves reporting it to the police.
Case brief of Christy vs. Scott. What is the main rule/takeaway?
Plaintiff adversely possessed land through a faulty deed. Defendant attempted to eject him. Court ruled that even on land person with better title trumps the other. Defendant couldn’t eject plaintiff because he didn’t have title to the land either.
