Property Basics Flashcards
The Winkfield Doctrine
A bailee can recover against a wrongdoer for trespass or damage to chattels even if the bailee is not liable to the bailor for the trespass or damage.
A wrongdoer can’t defend against a claim by showing that a third party had the title.
*Only applies to voluntary bailments.
Law of Accession
A method of acquiring property by adding value to other property through labor or new raw materials.
First in Time
The first party to take possession of land owns it.
Title
an abstract concept of ownership manifested in real property through a deed
Chain of Title
the sequence of historical transfers of the title of a property
Ratione Soli
a person owns a thing (animal) that resides on his land
Ferae Naturae
landowners are regarded as prior possessors of wild animals on their land until someone takes the animal off of it
Trover
common law action for forced sale in a conversion situation
Replevin
common law action to return of the good when practical
Locus Owner
the owner of the property where the object/animal/etc. was found
Mislaid Property
The locus owner keeps the property against all but the true owner. Purpose is to give the true owner the best chance of relocating the item.
Lost Property
Goes to the finder (unless the true owner reemerges)
Typically applies to chattels
Abandoned Property
Goes to the finder (unless TO reemerges)
Typically applies to property
Acquisition by Gift Requirements
- Present owner (donor) must intend to make a present transfer of an existing interest in the property.
- Present owner must deliver the possession.
Types of Delivery
Symbolic Delivery: Something that symbolizes the item is given.
Constructive Delivery: Given access to the item.
Manual Delivery: The item is literally delivered.
