Property I Outline
Possession and Ownership of Property
I. Property – bundle of rights
A. Dispose – once property is deemed yours you can dispose of it how you wish.
B. Use – physical or possessive.
C. Possess
D. Exclude – right to exclude others from you land
E. Damage – you can receive relief if your property is damaged.
II. Occupancy – taking possession of real property or a thing which has no known owner with the intention of gaining ownership.
A. Occupancy gives rise to possession, which gives rise to ownership.
B. Ownership – “title” to the property. Usually proved by shown documents transferring title to the present title owner.
III. Possession – requires (1) a “relation of manifested power” in relation to the object in question, (2) “an intent to exclude others” from interfering with the object.
A. Not equivalent with ownership.
B. Pierson v. Post, Δ was pursuing the fox, but Π actually caught the from under Δ.
1. Dominion & Control
a. Adds certainty when there is a possession dispute.
2. Some jurisdictions say mortally wounding is enough to excise dominion & control.
3. You cannot commit a tort in the process of capturing an animal.
4. Wild animals are free game if they re-enter the wild, UNLESS, they are trained or have intent to return.
C. Physical control and the intent to exclude others.
Personal Property
I. Bailment – when someone (bailor) transfers property to another (bailee).
A. Voluntary Bailment – giving someone temporary possession.
1. Ex. Valet parks car, dry cleaner.
B. Involuntary Bailment – losing property.
1. Mislaid property – voluntarily put in a certain place by the owner who then overlooks and forgets where the property is. Difference compared to lost property – it’s intentionally placed.
a. Ex. Bob lays his watch on the sink in a hotel room and forgets to pick it up.
2. Abandoned Property – when an owner intends to no longer want to possess it.
a. Ex. Bob throws his watch in the trash.
b. Elements:
i. Intent to Abandon
ii. Voluntary relinquishment
3. Lost Property – unintentionally and involuntarily parting with a possession and not knowing where it is.
a. Ex. Bob doesn’t notice his watch fell off his wrist while walking across the hotel lobby.
4. Treasure Trove – the property must have been unclaimed so long that the owner is presumably dead. Intentionally burying the item with the intent of returning to claim it.
a. Ex. Bob buries his expensive watch with intent to retrieve it.
C. Common Law – The landowner is in possession of whatever is found on or under his land; even if he is unaware of the thing’s presence.
1. Constructive Possession – Not being aware that something was on your land, but claiming title to it.
D. Recovery
1. Replevin – seeking recovery of personal property (chattel).
2. Ejectment – an action to reclaim possession by the person entitled to it, be that person is an owner or prior possessor.
II. Finders Rights
A. Lost Property
1. Ganter v. Kapiloff, Π finds expensive stamps in desk that he bought. The stamps were Π’s lost property.
a. When a finder discovers lost property he is bailee for the true owner and holds the property “against all but the rightful owner”.
b. 1st finder has rights over 2nd finder.
2. Possession ¹ Ownership
3. Lost property goes to the finder as bailee for the true owner and mislaid property goes to the owner of the premises.
B. Mislaid Property
1. Benjamin v. Lindner Aviation Inc., bank gained title to a plane, which the owner defaulted. Π works for Δ inspected the plane and found $19K.
a. Finder has no rights to mislaid property, the property belongs to the owner of the premises upon the property is found against all except the true owner, because the true owner may return to the premises to retrieve the mislaid property.
2. In Re Seizure of $82k more or less – Abandoned property
a. The finder has no claim when acting as an agent (to do a job) for an owner.
b. The landowner has no claim when item is embedded in the property.
c. Forfeiture Act
C. Stolen property
1. Anderson v. Gouldberg, Π cut down tree on property owned by strangers and the Δ stole the logs.
a. Π’s claim to possession is above everyone except the true owner of the land.
i. Burglar prior possessor – a thief never has title, nor can it have prior possession.
ii. “One should not profit from one’s own trespass.”
D. Abandoned property goes to the finder who has rights over all others.
E. Treasure trove – finder has rights over all others.
III. Voluntary Bailment – occurs when the bailee receives personal property and understands that they are in possession and have control over the property and is consented upon. Delivery (actual or constructive) and acceptance is required.
Class
Type of Bailment
Example
Negligence Liability
Sole benefit of bailor
Watch my _______.
Gross – bailee only must show slight care.
Gratuitous Bailee
Sole
ile – the intent to claim the property as their own; without the owner’s consent.
a. Test—did the adverse possessor act toward the land as if he owned it, Monroe v. Rawlings (hunting cabin case)?
6. Open – actions that would lead others to infer ownership.
B. The owner can retake the property anytime, unless the statute of limitations has run and the elements are satisfied.
C. Monroe – erecting a hunting cabin, visiting 6 times a year, paying taxes, intent to sell timber, and the execution of oil leases were sufficient to constitute adverse possession.
II. Color of Title – claim founded on a written instrument, which unknown to the claimant, is defective and invalid.
A. Ex. A gives B the deed to land owned by C, B thinks he owns the land—color of title.
B. Claims can be made without color of title.
C. Constructive Adverse Possession – the unused land of the adverse possessor under the color of title.
1. If no color of title, the adverse possessor can claim only the occupied property under actual adverse possession – Nome 2000.
2. If an adverse possessor occupies only part of the land under the color of title, then the APer can gain all the property under the color of title (even if unused) under a constructive AP claim.
3. Constructive adverse possession always gives way to actual adverse possession.
D. Small encroachments on the land
1. Mannillo v. Gorski, Δ built steps that went on Π’s property.
a. Objective Test (Majority) – If one believes they have color of title then they can adversely possess a small encroachment if the elements are fulfilled.
b. Maine Doctrine (Minority) – If the possessor is mistaken about a boundary and would not have occupied the land if he had known the mistake, the possessor has no intent to adversely possess.
c. NJ Doctrine
i. The land in question must be a small encroachment
ii. The landowner must have notice of the adverse possession
E. Quiet title – the party goes to court to ask them to establish ownership for them.
1. Leads to a deed from judicial hearing to establish ownership, in contrast to a deed from conveyance.
III. Adverse Possession claim against a co-tenant
