Protection Of Property And Subseequent Owners

Question 1

Finder’s law

Answer 1

Finders keepers, losers weepers

The finder may keep property against all but the rightful owner

Question 2

Landowner’s right

Answer 2

It is a landowner’s right to exclude others from his or her land yet the right is hollow if the legal system provides insufficient means to protect it. Property shall serve human value, one should so use its property as not to injure the rights of others.

Every time we enforce a claim of rights we have to do it in a way that serves something we as a society agree on. Property doesn’t include the right to exclude the well being of others

Question 3

State v. Shack

Answer 3

Employer of migrant workers tried to keep field worker and attorney from helping the workers in need.

Court held: title to real property cannot include dominion over the destiny of persons the owner permits to come upon the premises. Their well being must remain the paramount concern of a system of law

Question 4

Acquisition by find

Answer 4

Mislaid- property that is intentionally left but forgotten. finders law does not always apply when mislaid property is found. In owned places, the owner of the location prevails

Lost- unintentionally left property. finders law does apply to lost property even if found on owned property

Abandoned- intentionally placed but not forgotten. Finders law does apply

Question 5

Bare possession though wrongfully obtained

Answer 5

Possession must be lawful against the person who deprived him of it
Possession is good against all the world except the rightful owner

Question 6

Conversion

Answer 6

The wrongful possession of someone else’s property. The claimant must establish they had property in the first place

Question 7

Bailment

Answer 7

Letting someone else hold possession of your stuff with the intent of coming back for it another time

Question 8

Boundary

Answer 8

The concept of boundary is where we may claim something as our own