Property Basics

Question 1

constituent elements of property

Answer 1

right to use, exclude, dispose, transfer

Question 2

capture

Answer 2

must be actually possessed for it to become property. Often driven by policy considerations and custom (whaling - Ghen v. Rich).

Question 3

conversion

Answer 3

wrongful exercise of ownership rights over the personal property rights of another

Question 4

Moore v .Regents of UC

Answer 4

Moore had no ownership because he never expected to retain possession of his splean after he discarded it. Refused to extend conversion to human waste tissue is bc it would chill medical research. Body parts shouldn’t be for sale.

Question 5

right to exclude

Answer 5

• people have right to exclusive enjoyments of his own land for any purpose which doesn’t invade the rights of another person (Jacque v. Steenberg Homes)
• State v. Shack - right to exclude ended where tenant farm worker needs reasonable access by visitor - people over property

Question 6

misappropriation

Answer 6

branch of unfair competition law that protects new ideas - answers question of when imitation is permissable

Question 7

INS v. AP

Answer 7

(pg. 7 em)

Question 8

Cheny Bros v. Doris Silk and Smith v. Chanel

Answer 8

Skilled imitation of Chanel 5 and fabric design not misapprop

Question 9

personal image

Answer 9

Vanna White v. Samsung - depiction of image infringed on CL right of publicity

Question 10

Finders law goals

Answer 10

restore property to the true owner, reward honest finders, deliver the reasonable expectations of landowners, and discourage trespassers and wrongdoers

Question 11

abandoned property

Answer 11

when true owner voluntarily intends to give up ownership. First possessor becomes owner unless the circumstances are wrongful

Question 12

lost and mislaid property (general rule)

Answer 12

finder’s title is good against the whole world except the true owner, prior finders, and sometimes the owner of land where the object was found

Question 13

prior finder

Answer 13

prevails over later finder

Question 14

loss or mislaid in public places

Answer 14

lost property in public place goes to finder, mislaid property goes to the landowner. (true owner of mislaid property may well return to the place it was mislaid).

• McAvoy v. Medina - wallet on barbershop counter
• Bridges v. Hawksworth - walled found on barber floor goes to finder

Question 15

elements of AP

Answer 15

actual entry and take exclusive possession, open and notorious, hostile AND under a claim of right, continuous for the statutory period

Question 16

hostility views

Answer 16

1) good faith - AP must believe in good faith that he is entitled to possess the property
2) objective - AP act and statements germane to his occupation objectively appear to be claims of ownership. Courts focus on a) lack of permission, b)whether occupiers acts appear to be claims of ownership
3) aggressive trespass - must know that occupation is wrongful but still intent to claim the property

Question 17

AP rationales

Answer 17

1) sleeping theory - slothful owners deserve to be penalized - should bear risk of losing property if he does not care enough to assert ownership (reasonable expectations)
2) earning theory - ppl who use land productively and beneficially for a long time should be rewarded. Investment of time and money.
3) stability theory - AP enables disputes or doubt to be resolved expeditiously

Question 18

AP with boundary disputes

Answer 18

Manillo v. Gorsky - encroachments not open and notorious of a small area????

Question 19

AP hostility

Answer 19

without consent of owner with intention to remain there

Question 20

color of title

Answer 20

one who has a defective deed or writing that purports to deliver title to the possessor, but which possessor does not know to be invalid (satisfies hostility in AP)

Question 21

continuous element of AP

Answer 21

must occupy continuously without interuption for statory period. AP must occupy the property as continually as would a reasonable and avg true owner of the property. Continuity is destroyed if possessor gives up property with no intent to come back.
Howard v. Kunto - summer home

Question 22

tacking in AP

Answer 22

whether or not possessor can tack the possession of a prior possessor with his own. If privity of estate exists b.w prior possessor and presnt, it’s permitted. Privity - voluntary transfer from 1st possessor to the 2nd.

Question 23

extent of property owned by AP

Answer 23

color of title - all property described in defective deed. Without color of title - only land they physically possessed for limitation period.

Question 24

Gifts

Answer 24

Voluntary transfer of property for no consideration. Donor must intend to make a gift, the property must be delivered to the donee, and the donee must accept.

Question 25

Types of gifts

Answer 25

intervivos - during life; irrevocable

causa mortis - in contemplation of impending death;; revocable if donor recovers

Question 26

Gift delivery

Answer 26

Best form is actual, but when it’s impractical or impossible, deliver my be accomplished by symbolic (letter to a copyrighted book) or constructive delivery (means of obtaining possession - Newman v. Bost - delivery of keys to furniture - does not include life insurance policy in a bureau bc not impractical to deliver tangible evidence of life insurance right

Question 27

Gruen v. Gruen

Answer 27

for 21st birthday Gruen writes letter giving a Klimt painting, but retains for his life. Ct held letter was a completed and valid gift of a remainder interest. Since Gruen retained the letter for 17 years and manifested acceptance by telling friends, it his,