Property Flashcards
Pierson v Post
Fox, pursuit alone does not equal possession, have to deprive ferae naturae of their natural liberty
Rule of Capture
First to capture is the possession, first in time is first in right
Ferae Naturae
Wild animal, qualified property right once they are deprived of natural liberty
animum revertendi
trained animal makes its return to nature, no longer possessed
Corporal possession
possession of something’s body
ratione soli
having ownership because it is on your land
Buster v Newkirk
Wounded deer abandoned. Wounding is not enough, there must be mortal wound and no suspension of pursuit
Keeble v Hickeringill
Interfere with bird pound. Interfering with livelihood is a tort, but doesn’t create property rights.
Actionable interference
Interference bya non-competitor
Non-actionable interference
Interference by a competitor
Dapson v Daly
Unlicensed hunter does not get killed animal because the state holds title to animals in trust for public
State of Ohio v Shaw
Fish stolen from net. Fish in a net are deprived of their natural liberty. trade-based reasonable precaution
Ghen v Rich
bomb lance determined ownership of whale due to custom
Establishing legal custom
Used for a long time, no contrary methods, relevant general usage within a recognized community, reasonable/can’t be gross deviation from common law standards
State of ND v Dickinson Cheese
River fish killed by whey. Fish are res nullias, even when regulated. State doesn’t own the fish, and can’t collect damages.
res nullias
belonging to nobody
Abandoned property
owner manifests an intent to abandon and actually abandons the object. Goes to finder. Land cannot be abandoned.
Finder
holds claim of ownership against everyone except the true owner.
Statute of limitations for abandoned property
Doesn’t start until a third party takes it.
Eads v Brazelton
P found shipwrecked boat and marked trees to come back. D took property in meantime. P can’t recover as no actual possession. Marking not enough
Chattel
personal property
Real property
land
Fixtures
attached to land, pass with the land
Fructous naturalis
plants growing on land, pass with the land
fructous industrialis
harvested plants do not pass with the land
Haslem v Lockwood
Manure on road. Plaintiff who gathered the abandoned manure came back for it after 24 hours, he maintained possession.
Deposits and accretions
ratione soli
manure dropped on farmland
ratione soli
Goddard v Winchell
meteor that falls on land is an accretion
Lost property
goes to the finder
Mislaid property
goes to the owner of the locus in quo
Armory v Delamarie
Chimney sweep finds a ring, stolen by goldsmith. sweep gets damages because he found it.
Clark v Maloney
Logs on river. Prior possessors have greater rights than subsequent possessors
Specification
Change in the species itself (lumber to boards, whale to oil). Can only recover value of original, not the new object.
Accession
If value is added in good faith, you do not have the right to the added value.
Barker v Bates
Lumber found embedded in P’s property, D takes it. Owner of the locus in quo has constructive possession prior to finder. Owner always prevails when finder is a trespasser.
S. Water Co. v Sharman
contractor finds gold rings in pool when hired to clean it. Rings go to land owner, where finder is on premise for limited purpose.
When Finder is employee of the owner
he usually cannot keep the object
Objects in the ground
owner of locus has greater right
Limited purpose finder
When you are on the premise for a limited purpose, especially to find things for the owner, the owner has greater right
Hannah v Peel
soldier finds brooch in house. If owner lives in house where the object is found, owner has greater right.
McAvoy v Medina
X mislaid pocket book in D’s store, P picks it up, D offers to hold onto it in case X comes back. Because it is mislaid, P cannot recover from D.
Anderson v Goulberg
Unauthorized possessor hires P to cut timber off of lot, D takes it. P gets it back, even though not authorized. Thieves can recover from subsequent thieves
Russel v Hill
Thieves cannot recover from subsequent thieves
Bailment
Itenm delivered to the bailee, and bailee has limited right of possession. possession of goods owned by another
Bailee must have
control and intent to possess
Methods of Bailment delivery
actual, constructive (keys), symbolic (deed)
When the bailee and bailor mutually benefit, bailee has duty of
ordinary diligence/reasonable care to protect the bailed object from damage or loss
When the bailor alone benefits, the bailee is only liable for
gross negligence
When the bailee alone benefits, the bailee has a duty of
extraordinary care in protecting the goods from loss or damage.
Is a bailee an insurer of the goods?
No
Involuntary bailee
only liable if negligent in returning object
Bailee strict liablity
has to return object no matter what type of benefit the bailee gets, unless involuntary bailee
Is a debt a bailment?
No
Are agents bailees?
No
Does a mortgage create a bailment?
No
is a lease a bailment?
No, and a rented storage locker is likely a lease, not a bailment
Is a consignment a bailment
No
Is a trust a bailment
No
Peet v Roth Hotel
Ring lost after deposited at hotel front desk. This was a bailment of mutual gain. Have to show ring wasn’t return because of bailee’s fault.
Allen v Hyatt
Bailment implied despite a ticket disclaimer, garage being enclosed with gate and guard point toward bailment
Cowen v Pressprich
messenger deposits the wrong bond into the clerk’s depository. Involuntary bailment. still has duty to return. Majority says that exercising dominion over the thing bailed makes it a voluntary bailment
Cowen v Pressprich
messenger deposits the wrong bond into the clerk’s depository. Involuntary bailment. still has duty to return, but not liable when he returned it to the person he wrongfully thought was the rightful owner.
gift
present transfer of property without consideration, non-revocable
Gifts causa mortis
revocable if the donor escapes from the perils of death, stricter requirements for delivery than inter vivos gift
Requirements for gift
Delivery from donor to done, donor intends to make a present gift, done accepts gift
Delivery of gift
can be actual, symbolic, constructive, or written. supposed to be as perfect as the situation permits.
Present gift of future enjoyment
Normally the intent must be for present transfer, not future transfer. Present transfer of the right, but enjoyment postponed, is still a gift.
Acceptance of donee
only relevant if done repudiates, then there is no gift
Irons v Smallpiece
horses promised to son, but father retains possession. No delivery, so no gift.
Gruen v Gruen
Donor dies after sending letters promising paintings to donee. Court says donor created a life estate for his own enjoyment with his son getting the remainder.
Woo v Smart
Checks for money given causa mortis, but a check is not considered delivery under the UCC
Engagement ring
gift causa marriage
Nemo dat quod non habet
“no one gives what he doesn’t have” - Seller cannot convey better title than that which he holds
Bona fide purchaser
transaction of fair market value, honest belief that you are buying title, circumstance wouldn’t lead you to think otherwise
Bona fide purchaser is protected when there is
a voidable title (owner intended to transfer/deal/assign rights to the person BFP buys from), or owner implies merchant had right to sell
Midway Auto Sales v Clarkson
BFP of car originally purchased with bad check. Title was voidable, and seller didn’t void before BFP took title
Porter v Wertz
Painting lent to art dealer, who gives it to a non-dealer, who sells to defendant. Not bona fide purchaser, because not ordinary course of business to buy from a non-art dealer
Grace v Koch
Kept car on neighbor’s strip of land. Not AP because they were originally given permission to use it for something else
Adverse Possession
Actual, exclusive, continuous, open/notorious, hostile
Color of title
hostility proven by introduction of invalid deed, acquire all land in the title
Tacking
Several adverse possessors can tack their time onto each other, so long as they are not adverse to one another
Fleming v Griswold
Disability happens after statute had begun to run. Normally cannot AP from disabled, but if years already run on an owner, they continue to run on subsequent owners as long as AP continues
Meyer v Law
Both neighbors mistaken where fence should be, but true owner was paying taxes on whole land. In FL, mostly no AP unless you paid taxes or have color of title.
Land in natural state
Neighbors have strict liability to support each other’s land in natural state
If one owner is partially responsible for soil subsiding, and neighbor is also responsible
Neighbor only held to negligence standard
Subjacent support
When sub-surface rights are severed (mining, etc), absolute right of support extends to all existing structures on date of severance
Noone v Price
Neighbor fails to maintain retaining wall. If land was sound enough to support house before, but now isn’t because of failure to maintain, liable
Cujus est solum, ejus est usque ad coelum et ad infernos
To whomsoever the soil belongs, he owns also to the sky and to the depths.
Allegheny Airlines
any use of such air or space by others which is injurious to his land, or which constitutes an actual interference with his possession or his beneficial use thereof, would be a trespass for which he would have a remedy.
Sundowner v. King
Spite fences (with no beneficial uses) are unlawful.
Fontainebleau
NO LEGAL RIGHT TO PASSAGE OF LIGHT.
Easements of light can be created through express grant!
Prah v. Maretti
Recovery when sunlight is blocked.
WHY DIFFERENT? Solar panels in this case: perhaps the court, in balancing utility against the harm, will give more protection to solar collectors than to sunlight for gardens of swimming pools.
Accession/Specification
Good Faith Purchaser, creates value through labor, great disparity of value between original article and new product
Confusion
No labor added, intermingling of fungible goods that can no longer be separately identified. Each owner gets proportionate share.
Liability for lateral support
Strict liability for changing land in a way that withdraws lateral support causing neighbor’s land to slip or fall in
Support of buildings on land
only liable for negligence when the weight of a building causes fall of th eland
Restatement definition of eastements
(1) interest in land possessed by another (2) interest which permits limited use of that land (3) interest which is protectable against interference by 3rd party (4) not terminable at will, although an easement can have a time limit (5) not a normal incident of possession and (6) ordinarily created by conveyance.
affirmative easement
permits the use of land of another in a specified way
negative easement
restricts the other person’s use of land (e.g. an easement of light and air).
Appurtenant easemant
Negative easement benifitting the dominant tenament
Easement in gross
Easement does not necessarily benefit the owner, not connected to land
Profit a prendre
right to enter another’s land and take profit
Estate of Thompson v. Wade
You can’t grant an easement to a third party by a deed.
Baseball Publishin v Burton
lease to exclusiveley maintain an advertising sign on one’s building was an easement in gross, not a lease or a license
bunn v offutt
to be an easement, the interest has to run with the land
Easement by necessity
(a) prior common ownership of the dominant and servient estates
(b) transfer of one of the estates by the common grantor, creating lack of access; &
(c) necessity of the easement for making use of the transferred property.
Kingsley v. Gouldsborough Improvement Co
No necessity when bordered by river on three sides and estate on other, as river was navigable waters
Chandler Flyers Inc. v. Stellar Development Corp
Easements Implied by Past Use
(a) prior common ownership of the dominant estate
(b) transfer of one of the estates w/ the intent to create an easement
(c) continuous and apparent use of the quasi easement
(d) reasonable necessity for enjoyment of the dominant estate
Flax v. Smith
relevant intent for implied easement is objective, not subjective
Prescriptive Easements
Open, notorious, continuous, uninterrupted and adverse possession.
Brown v. Voss
While the traditional rule is that an easement appurtenant to one parcel of land may not be extended by the owner of the dominant estate to other parcels of land, the court overrules this and holds that since the new easement would not interfere with D, and would help P, then it should be allowed
Hayes v. Acquia Marina
an easement created by a general grant or reservation W/O LIMITS to any particular use of the dominant estate is not affected by any reasonable change in the use of the dominant estate (although no use may be made of the easement which is different from that established at the time of its creation).
Martin v. Music
the dominant estate may be divided or partitioned and the owner of each party may claim the right to enjoy the easement if no additional burden is placed on the servient estate.
Terminating an Easement
Expiration, Merger, release (written), abandoned (oral or failure to maintain), Forfeiture for Misuse, Changed Conditions: Laches, Adverse Possession
Lindsey v. Clark
Mere nonuse of an easement is not enough for abandonment
