Outline for Property I
Professor Carmella
PERSONAL Property
I. Acquisition by Find
A. Title is relative. The true owner always has superior rights of possession, but the finder has superior title to all others and to subsequent possessors (sort of the “relative true owner”).
Armory v. Delamirie. Boy finds ring and takes it to famous jeweler to find out what it is, the jeweler takes out the stone and gives him back the setting and tuppence. Boy sues in trover, J/. p. Rule: The title of the finder is good as against he whole world but the true owner.
1. Bailments: The rightful possession of goods by person (the bailee) who is not he owner (the bailor). To create a bailment there must be intent to possess.
a. Voluntary: the delivery of property to someone with the intention of getting it back. (Drycleaner analogy). Standards of care:
i. Bailment is for sole benefit of bailee (loan to bailee): he must exercise extraordinary care.
ii. …mutual benefit of both (commercial relationships): reasonable care.
iii. …sole benefit of bailor (as a favor to bailor): bailee only liable for gross negligence.
b. Involuntary: Involuntary from point of view of owner, but not from the finder who has intent to possess and in so doing takes on the responsibilities of a bailee. Relationship between finder and true owner (prior owner).
i. Finder has only a duty not to destroy.
2. Found objects fall into three categories:
a. Lost Property: unintentional placement of property, owner accidentally loses property. The property goes to the finder b/c can’t retrace the steps of the owner.
Hannah v. Peel. p is in Army and finds a brooch in window frame while bivouacked in D’s house (D has never been to the house). p gave to the police who gave it to D. p awarded value of he brooch. Rule: Where a locus owner has only constructive possession of the premises and ahs no knowledge of the lost article, the finder is entitled to it as against all persons except the real owner.
b. Mislaid Property: intentional placement of the thing that the owner forgets to retrieve. The property goes to the locus owner (even if discovered by another) b/c he is the best position to find the true owner.
McAvoy v. Medina. p found a sum of money in a pocketbook on a table in D’s barbershop, the court held that it was mislaid property. Rule: Mislaid goods are deemed to be in the bailment of the locus owner for the true owner.
c. Abandoned Property. Goods placed by the owner with no intent to retrieve or reclaim. The finder has an absolute right over all others.
d. Treasure Trove: Any gold, silver, or paper representative thereof found concealed, the owner of which is unknown. At C/L the treasure belonged to the finder, even if a trespasser, by absolute right. However, under modern statutes it is either treated like any lost property or it goes (fully or partially) to the state.
e. Trespassers: may not acquire possessory rights, right of possession goes to locus owner.
f. Employees and agents: If an employee or agent finds an article by virtue of an act specifically directed by the employer, the employer should acquire the rights of possession to the article. Courts will look at what exactly the employee was doing and where exactly he was.
g. Highly Private Locus: Where a chattel is found in a highly private locus, the locus owner will have possessory rights, not the finder. However, if the place of discovery is open to the public, the finder is entitled to the article. The mere fact that the place of discovery is privately owned is not sufficient to render it a highly private locus.
II. Acquisition by gift
A. Transfer of possession from donor to donee. Three elements of a gift:
1. Intent: Donor must want or have the desire to pass title to the donee. May be shown by parol testimony.
2. Acceptance: Donee receives w. intent to retain. Ct. will interpret acceptance in favor of donee if he stands to benefit form it.
3. Delivery: Three types:
a. Manual: actual handing overof the object by donor to donee. Looked on most favorably by courts. If capable of manual delivery it generally must be done.
b. Constructive: Handing over some thing that gives access to the object of the gift. Used where manual delivery is impractical or impossible (keys to a car, safe deposit box).
c. Symbolic: The handing over of some thing symbolizing the object of the gift. (A gift deed to property, a writing, etc.) Used where manual or constructive delivery is impossible. Otherwise only as a last resort, courts don’t like it unless it is impossible not to do so.
B. Types of Gifts:
1. Inter-vivos Gifts: A gift given during the life of the giver.
a. Transfer of land requires a gift deed
b. All 3 elements needed.
2. Gift Causa Mortis: A gift given in anticipation of imminent death of the giver. Courts don’t like these b/c it is difficult to know the state of mind of the giver and the potential for fraud; also they want people to write wills. Must prove all elements of the gift, especially delivery: If at all possible there must be manual delivery and the court will construe what was given very narrowly.
a. If the giver recovers and does not die, the gift is invalid. In order to make the gift after recovery the thing must be redelivered.
Newman v. Bost. Newman (p) sought to recover things she said her sugardaddy gave her on his deathbed including the contents of a bureau. The court gave her the bureau but not the contents. Rule: A constructive delivery of a GCM will only be effective where it plainly appears that it was the intention of the donor to make the gift and where the
r patch, but he had admitted in an earlier action for an easement that he was not owner (not claim of right). Rule: Title to a parcel of land may vest in an AP’er who occupies the parcel under a claim of right, protects the parcel by an enclosure, improves and cultivates the parcel and maintains that state of affairs for the duration of the S/L.
E. Doctrine of Interruption: Ouster of AP’er by a third party (not RO) and the AP’er has complete intention to return. The 3rd party is viewed as a trespasser and if the AP’er ejects him, the AP’er will get the benefit of the time of occupation before the interruption for purposes of the S/L.
F. Doctrine of Abandonment: If the AP’er voluntarily leaves the property w/o an intention to return, he is not permitted to tack the previous time and the S/L starts anew.
G. Tacking: The ability of an AP’er to “tack on to” the time of possession of a previous AP’er for purposes of the S/L. For tacking to occur there must be Privity of Estate between the AP/ers.
1. Privity of Estate: Occurs when the first AP’er transfers or conveys the property to the second, either through an instrument of inheritance.
Howard v. Kunto. Incorporated the ideas of constructive AP and tacking. The lots were all shifted over so the deeds were defective but the defective deeds were transferred from possessor to possessor, and this was sufficient privity for tacking.
Manillo v. Gorski. Encroachment by Gorski’s (D) stairs onto p property.
Rule 1:To claim title by adverse possession, the possessor need not be aware that the land in question was in fact owned by another (Subjective good faith standard).
Rule 2: A minor encroachment of a few inches is insufficient to give the RO notice of the adverse possession, and if removal of the encroachment is impractical, the encroacher may be required to pay the owner for that part of the property encroached upon.
H. Disabilities statutes and the extension of the S/L: When the RO is under a disability (minority, imprisonment, mental incapacity, institutionalization, military service) at the time of the C/A accruing, the RO (or anyone claiming under, by or from such a person) has an additional 10 years to bring a C/A after the lifting of the disability. If the disability occurs after accrual of the C/A it is immaterial.
