Subsequent Possession

Question 1

Acquisition by Find

Answer 1

finder wins against all others except true owner and prior possessors

Question 2

Lost property

Answer 2

inadvertently loses possession; finder has possession

Question 3

Mislaid property

Answer 3

(1) intentionally placed but forgot to retrieve

(2) Locust owner (constructive possession) until T.O. reclaims

Question 4

Abandoned Property

Answer 4

(1) intentionally relinquish rights without intent to confer rights to someone
(a) intent to relinquish
(b) act to relinquish (act to further intent)

Question 5

Acquisition by Gift (inter vivos)

Answer 5

Gift during life
Elements:
(1) intent
(2) delivery
(3) acceptance

Question 6

Intent (gift inter vivos)

Answer 6

immediately transfer ownership interest

Question 7

Delivery (gift inter vivos)

Answer 7

Actual
Constructive-> means of access (key, combo of lock)
Symbolic -> deliver object represents subject matter of gift (paper, picture)

Question 8

Acceptance (gift inter vivos)

Answer 8

presumed unless facts show no intent

Question 9

Gift (causa morits)

Answer 9

gift at death
(1) intent
(2) delivery
(3) acceptance
AND
(4) subjective belief death is near + objective threat

Question 10

delivery (causa mortis)

Answer 10

“when I die you get….”

Question 11

Adverse Possession

Answer 11

Elements:

(1) Actual entry
(2) exclusive possession
(a) exclusive of actual owner
(3) open & notorious
(4) hostile
(5) continuous and uninterrupted for statutory period

Question 12

Tacking (Adverse Possession)

Answer 12

Must have privity

- descent, deed, will, written / oral contract, oral permission

Question 13

Disabilities (AP tacking purposes)

Answer 13

(1) defined by statute
(2) those that exist in record owner
- no tacking of disabilities