Subsequent Possession

Question 1

Bailee

Answer 1

person holding property in trust for another

Question 2

Bailment

Answer 2

the delivery of property to be held in trust and which is designated for a particular purpose, following the satisfaction of which the property is either to be returned or disposed of as specific.

Question 3

Elements of Adverse Possession (4)

Answer 3

1. Continuous during the statutory period
2. Open and Notorious
3. Actual entry
4. Hostile possession

Question 4

Discovery Rule

Answer 4

A cause of action will not accrue until the injured party discovers or by exercise of reasonable diligence should have discovered facts which form the basis of a cause of action. DOES NOT APPLY TO REAL PROPERTY.

Question 5

Tacking

Answer 5

one adverse possessor may tack on his predecessor’s time as long as there is privity. Not allowed if there was an ouster

Question 6

Privity

Answer 6

met by an non-hostile nexus, deed, will, inheritance.

Question 7

Ouster

Answer 7

if AP has come onto the land by force then they cannot tack time, Law does not want AP to benefit from wrongful taking.

Question 8

Two steps of Conveyance

Answer 8

1. Land Sale Contract

2. Closing - the deed becomes the operative document

Question 9

Land Sale Contract

Answer 9

1. SoF. Must be in writing

Question 10

Finders

Answer 10

secures people in their own possession. Shows ownership. A right by virtue of possession.

Question 11

Lost

Answer 11

rightful owner can’t find it

Question 12

Misplaced

Answer 12

forgotten in a place where rightful owner would know to get it. Owner of premise is entitled to possession except the rightful owner

Question 13

Abandonment

Answer 13

True owner voluntarily relinquished ownership in title and possession. Finder has priority.

Question 14

Claim of title

Answer 14

AP’s hostile claim

Question 15

Color of title

Answer 15

written claim on land that is now defective

Question 16

Maine Adverse Possession Rule

Answer 16

intent to occupy the land must be absolute and hostile

Question 17

Connecticut Adverse Possession Rule

Answer 17

if you are on someone’s land and don’t know it should still count

Question 18

Disability Doctrine

Answer 18

Statute of limitation will not run against a true owner who is under a disability.

1. disability must exist at the beginning of adverse possession
2. do not tack

Question 19

Acquisition by Gift Requirements

Answer 19

1. Intention

2. Delivery - constructive or symbolic

Question 20

Constructive Delivery

Answer 20

handing over a key or object that gives access to gift

Question 21

Symbolic Delivery

Answer 21

giving something (usually written) declaring a gift

Question 22

Gift Inter Vivos

Answer 22

a gift between living persons

Question 23

Gift Causa Mortis & Requirements

Answer 23

gift made on account of donor’s impending death

1. Intent (can be inferred)
2. Delivery
3. If donor lives, gift can be revoked

Question 24

Devise

Answer 24

transfer of property by will after a person’s death