Property Basics Flashcards
constituent elements of property
right to use, exclude, dispose, transfer
capture
must be actually possessed for it to become property. Often driven by policy considerations and custom (whaling - Ghen v. Rich).
conversion
wrongful exercise of ownership rights over the personal property rights of another
Moore v .Regents of UC
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.
right to exclude
- 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
misappropriation
branch of unfair competition law that protects new ideas - answers question of when imitation is permissable
INS v. AP
(pg. 7 em)
Cheny Bros v. Doris Silk and Smith v. Chanel
Skilled imitation of Chanel 5 and fabric design not misapprop
personal image
Vanna White v. Samsung - depiction of image infringed on CL right of publicity
Finders law goals
restore property to the true owner, reward honest finders, deliver the reasonable expectations of landowners, and discourage trespassers and wrongdoers
abandoned property
when true owner voluntarily intends to give up ownership. First possessor becomes owner unless the circumstances are wrongful
lost and mislaid property (general rule)
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
prior finder
prevails over later finder
loss or mislaid in public places
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
elements of AP
actual entry and take exclusive possession, open and notorious, hostile AND under a claim of right, continuous for the statutory period
hostility views
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
AP rationales
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
AP with boundary disputes
Manillo v. Gorsky - encroachments not open and notorious of a small area????
AP hostility
without consent of owner with intention to remain there
color of title
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)
continuous element of AP
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
tacking in AP
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.
extent of property owned by AP
color of title - all property described in defective deed. Without color of title - only land they physically possessed for limitation period.
Gifts
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.
Types of gifts
intervivos - during life; irrevocable
causa mortis - in contemplation of impending death;; revocable if donor recovers
Gift delivery
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
Gruen v. Gruen
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,
