Property Outline 2007 Harmon
1.     Acquisition by Find
a.      General Rule- A finder has rights superior to everyone but the true owner.
                                                  i.     Because
1.     Prior possession protects the owner
a.      Who has no indication of his ownership.
                                                                                                                          i.     Possession is different than ownership
1.     Ownership- title to the property
2.     Possession- is proven by showing physical control and intent to exclude others.
2.     Entrusting goods to another is an efficient practice that should be encouraged
a.      Ex: imagine a person not getting their clothing back from the dry cleaner.
3.     Prior possessors expect to prevail over subsequent possessors
a.      Reinforces the belief that the law is just
4.     The protection of peaceable possession is an ancient policy in law
5.     Protecting a finder who reports the find rewards honesty
6.     Protecting a finder rewards labor in returning a useful item to society.
b.     Relativity of title
                                                  i.     What is A finds a jewel, then loses it and it is found by B. Would B prevail over A.
1.     No, A the prior possessor prevails over B.
c.      If Prior Possessor is a trespasser
                                                  i.     Prior possessor wins rule applies to theft or trespass
1.     if it didn’t, it wouldn’t deter crime
d.     Possession
                                                 i.     ELEMENTS: One must acquire physical control over the object and have an intent to assume dominion over it
                                               ii.     Constructive Possession
1.     When he treats one as if they were the possessor, although he is not or not aware of it.
a.      Land owner is in constructive possession of the objects located under the surface of her land even though she is unaware.
                                                                                                                          i.     Pool diggers finding a ring in the ground.
e.      Finder v. Owner
                                                  i.     If owner is a trespasser
1.     owner of the premises always prevails
2.     discourages theft and trespass
                                                ii.     Finder is an employee
1.     Most courts allow the employer to prevail
a.      Employee is acting for the benefit of the employer.
2.     Some reward honesty and award the employee
                                               iii.     Owner not in possession
1.     If owner of the house has not moved in (made it his personal space), the owner is not in c
                          ii.     However, although the possessor has title and may sell, lease, rent etc he will have no record until he files for quiet title action against the former owner.
c.      Purpose
                                                  i.     To protect title
1.     O owns land in 1960. in 1970 a deeds the land to b. in 1985 b deeds to c, but cannot find a deed from o to a. o is barred by the expiration of the statute of limitations. To it allows c to have good title based on adverse possession.
d.     Requirements of Adverse Possession
                                                  i.     Possessor must show:
1.     an actual entry giving exclusive possession that is
2.     open and notorious-
                                                                                                                          i.     the possession must be open and visible so that the true owner & everyone else could be placed on warning. Notorious- known and spoken of possession so conspicuous as to put true owner on notice.
adverse and under a claim of right (hostile = w/o owners permission)