Property I Outline

Property Outline

Property Theories

Occupation Theory

i. That the simple fact of occupation or possession of a thing justifies legal protection of the occupier’s or possessor’s claim to the thing

Labor Theory

i. That a person has a moral right to the ownership and control of things she produces or acquires through her labor

Contract Theory

i. That “private” property is the result of a contract between individuals and the community

Natural Rights

i. That the “natural law” dictates the recognition of private property

Social Utility Theory

i. That the law should promote the maximum fulfillment of human needs and aspirations, and that legal protection of “private” property does, in fact, promote those goals

Possession and Ownership

Pierson v. Post

i. Issue: What acts amount to occupancy, applied to acquiring the rights to wild animals?
ii. Rule: The law requires capture, rather than pursuit, killing or mortally wounding it and then taking possession. Whoever exercises dominion and control of the res (thing) has possession.
iii. Unknown things on unknown land belong to the first person who has active or constructive possession of the thing
1. Constructive- kill, trap, maim, wound
2. Active- physical possession
iv. Possession- showing physical control and intent to exclude

Ganter v. Kapiloff

i. Issue: In the case of the found stamp collection, how big of a role does possession play in determining ownership?
ii. Rule: The finders of lost property holds it as a bailee for the true owner. As to all others, the finder’s rights are tantamount to ownership, giving him the right to possess and hold the found goods.
iii. The true owner prevails over the Possessor, the Possessor prevails over the Subsequent possessor.

Benjamin v. Linder Aviation, Inc.

i. Issue: In a case were $19,000 was left in an airplane wing, who does the money belong to?
ii. Rule: Using the lost-mislaid distinction, the money would be classified as mislaid and would go to the owner of the premises where it is found rather than the founder. (The bank has the best chance of returning the money to the true owner.)

Four Categories of Found Property

i. Abandoned- where the owner no longer wants to possess it, giving up all rights of ownership, interest, and title. Belongs to the finder above all others including the former owner.
1. When there are multiple finders, the court uses the Rule of Equitable Division and orders the property sold and the money split between the claimants.
ii. Mislaid- Property which has been voluntarily put in a certain place by the owner who then overlooks or forgets where the property is. The right of possession belongs to the owner of the premises where the property is found, against all other except the true owner.
iii. Lost- when the owner unintentionally and involuntarily parted with its possession and does not know where it is. Becomes the property of the finder once the statutory procedures are followed and the owner makes no claim within twelve months.
iv. Treasure Trove- Coins or currency concealed by the owner, must have been hidden or concealed for a length of time that the owner is probably dead or undiscoverable.

In Re Seizure of $82,000 more or less