Right to Abandon and Right to Destroy

Question 1

What are the requirements to show abandonment of personal property?

Answer 1

Intent to abandon and a voluntary act that effectuates intent

Question 2

What is the rule on abandonment and subsequent possession?

Answer 2

Subsequent possession must assert ownership, otherwise a subsequent possessor merely acts as a voluntary gratuitous bailee

Question 3

Why can’t real property be abandoned?

Answer 3

Voluntary abandonment can impose negative externalities on society – harms created by the use/nonuse of land

Real property can result in countless liabilities, so don’t allow individuals to walk away from real property

Question 4

Can a real property owner destroy one’s property?

Answer 4

Yes, but courts are hesitant to permit destruction after death

If you want to destroy after death, have your heirs get a permit to ensure adjacent property is not harmed and do not create a nuisance

Question 5

What is the exception to the rule against being forced to be an attributional parent?

Answer 5

When one party relies on other party’s biological material to their detriment and cannot subsequently produce a child