Relativity of Title

Question 1

Christy v. Scott

Answer 1

• Recognized relativity of title
• Rule: A person who possesses, but doesn’t hold legal title to, land can protect their interest against a mere intruder who enters property w/ no title.
• PP: peaceable possession: Chrisy has no title but Scott doesn’t either. Scott cannot oust Christy.
• Judicial economy is better served when courts ask “who was there first.”

Question 2

Lost Property

Answer 2

When the owner accidently misplaces it.
- KEY factor is where it is found.
- Ask yourself: Would a reasonable person conclude that the owner had accidentally and involuntarily parted with possession of it and does not know where to find it?
- Finder loses

Question 3

Mislaid Property

Answer 3

Judging from where it is found–it can be reasonably determined that it was intentionally placed there and then forgotten.
- Finder loses

Question 4

Abandoned Property

Answer 4

Where the owner has voluntarily relinquished all ownership.
- intent to relinquish possession is not equivalent to intent to relinquish ownership.
-Finder Wins.

Question 5

Finders of Lost Property

Answer 5

• Against rightful owner —> Finder loses
• Against a subsequent possessor –> Finder wins
• Against the owner of premises where property was found –> if trespasser then owner wins.
  - if not trespasser –> then scope of permission plays role in who to give it to.

Question 6

Finders of Mislaid Property

Answer 6

• Against rightful owner –> Finder loses
• Against a subsequent possessor –> Finder wins
• Against the owner of premises where property was found –> if trespasser then owner wins.
  - if not trespasser –> then scope of permission plays role in who to give it to.

Question 7

Ad Coelem Rule

Answer 7

The landowner owns space above and below the land and might even be viewed as a fixture on the land.
EXCEPTION:
- Treasure Trove: we want to incentivize people to go and find treasure.
- must be an honest finder
- applicable to gold, silver, and paper

Question 8

Good Faith Trespasser (Owner Limitations)

Answer 8

True owner is limitations when good faith trespasser:
- when the property has changed or had a great increase in value.
- Ex: Dagger originally worth $200 but cleaned up and bedazzled now worth $800. The original owner cannot recover for the bedazzlement.
Trover:
- owner can get $, once owner gets $ then lose rights to have asset returned.

Question 9

Original Owner Remedies

Answer 9

Damages for Conversion:
- can sue trespasser and get conversion damages, the value of the original material plus any consequential damages.
Replevin:
- return of the chattel

Question 10

Armory v. Delamirie (Chimney Sweep)

Answer 10

Rule: a finder has a possessory property interest in the chattel, which may be enforced against anyone EXCEPT the true owner.

Question 11

Charrier v. Bell (Artifacts)

Answer 11

Rule: Burying artifacts or other objects w/ the deceased is NOT an intention to relinquish ownership (abandon) of those objects.

Question 12

Nemo Dat

Answer 12

• A person who does not own property, especially a thief, cannot confer it to another.
  EXCEPTION:
• A good-faith purchaser:
  
  • A sells to B but the transaction is flawed (bounced check).
  • B sells to C–as long as C purchases in good faith (w/o knowledge of the first flaw) and gives value–the legal title is now C’s.

Question 13

Replevin

Answer 13

An action seeking return of personal property wrongfully taken or help by the def.