Semester 1

Question 1

Ad Coelom Doctrine

Answer 1

To whomsoever the soil belongs, he owns also to the sky and to the depths.

Question 2

Fugacious Minerals

Answer 2

Oil, water, gas. They do not follow the ad coelom doctrine. Capture what you can from your own property.

Question 3

Finder

Answer 3

A person who rightfully acquires possession of the property of another that has been lost, mislaid, abandoned, or hidden so as to be classified as treasure trove.

Question 4

Possession

Answer 4

In order to have possession you must have physical control over the property and the intent to exercise that control.

Question 5

Superior Possession

Answer 5

A mere trespasser cannot defend an action on the defense of lack of title of the possessor, unless the trespasser shows superior title in himself. Possession is a recognized property right, giving the possessor the right to prevent wrongful interference in its possession.

Question 6

Confusion of Goods

Answer 6

The general rule allows a good faith confuser to prove what proportion of the goods does not belong to the other. If no proof, other would be entitled to the entire portion it could prove was taken.

Question 7

Found during Employment

Answer 7

The possession of articles found during and within the scope of employment is generally awarded to the employer and not to the finder.

Question 8

Statute of Limitations

Answer 8

courts usually hold accrual is delayed when the plaintiff could not know or reasonably discover the trespass.

Question 9

Improvement by Mistake

Answer 9

An innocent improver is usually entitled to the value of the improved property when it has acted in good faith in the improvement.

Question 10

Lost

Answer 10

Lost property consists of personal property who’s possession has been parted with unintentionally.

Question 11

Finder of Lost

Answer 11

A finder of lost property acquires title to the property against all but the true owner.

Question 12

Mislaid

Answer 12

Mislaid property refers to personal property that was intentionally placed somewhere and then unintentionally left or forgotten.

Question 13

Finder of Mislaid

Answer 13

The finder of mislaid property is not entitled to retain the possession of the property as against the owner of the land on which the property was found. Rather, the owner of the “locus in quo” is deemed to be the bailee of the goods for the true owner.

Question 14

Abandoned

Answer 14

Abandoned property consists of property that is no longer in the possession of the prior possessor who has intentionally relinquished the property.

Question 15

Finder of Abandoned

Answer 15

The finder of abandoned property generally is entitled not only to possession but also to ownership as against all others.

Question 16

Treasure Trove

Answer 16

Treasure trove consists of coin or money concealed in the earth or another private place, with the owner presently unknown.

Question 17

Finder of Treasure Trove

Answer 17

In England, treasure trove escheated to the crown. In America, it is treated as lost property and belongs to the finder.

Question 18

Bailment

Answer 18

A bailment is a rightful possession of goods by one who is not the true owner. A bailment occurs when there is delivery of personal property by a prior possessor to a subsequent possessor for a particular purpose with an express or implied understanding that when the purpose is completed the property will be returned to the prior possessor.