Vocab Flashcards
Tacking
adding how much time someone else used that land to the amount of time you’ve used it
Bequest
when someone leaves something to another person in their will
Title
legal right to own something
Color of title
a document that says it’s giving ownership to someone, but the document is flawed
Finder (legal term)
someone who comes across abandoned property
Abandonment
requires:
1. loss of possession
2. intent to no longer exercise dominion or control
Adverse possession
Occupation of land with the intent of using it as one’s own
Maine Doctrine
you MUST know you don’t own something to gain title by adverse possession
Connecticut Doctrine
you CAN THINK you own something, even though you actually don’t, to gain title by adverse possession
Statutory period
set amount of time required to gain adverse possession (is tacking allowed?)
Encroachment
gradual or blatant intrusion on someone else’s property
Constructive knowledge
based on the circumstances, the law will assume you know x
“Bundle of rights” theory of property
a person’s right to:
1. use
2. exclude others from
3. transfer
4. enjoy
5. control
their property
Ownership/possession distinction
Ownership=you own something
Possession= you have/are using something, but you don’t actually own it
Finder’s rights
Against original owner, finder wins if:
the item is abandoned
Against land/business owner, finder wins if ALL of these are true:
1. the item is not buried
2. F isn’t trespassing
3. F isn’t a servant/employee
4. item is found in a public area
