Property I Outline

 I.            CAPTURE OF WILD ANIMALS (ferae naturae)
                A.             The exercise of dominion and control over a wild animal constitutes possession of the animal and ownership is vested in the possessor.
                                    1.             Mortally wounding or trapping an animal or fish constitutes constructive possession, provided the hunter pursues the wounded animal and, in the case of trapping, capture is virtually complete.
                                    2.             Mere pursuit of a wild animal does not create a property right.
                 B.            A trespasser’s title to a killed or captured animal is inferior to that of the land’s owner.
                 C.            The owner of a captured animal loses title if the animal escapes and resumes its natural state.
                D.            If a captured wild animal escapes, the captor retains title only if the escaped animal has been tamed and forms a habit of periodically returning to the captor, or the animal is not indigenous to the area, so that a potential captor is put on notice that it belongs to someone else.
II.            LOST, MISLAID, AND ABANDONED CHATTELS
                A.            When an owner of a chattel accidentally and involuntarily parts with it and does not know where to find it, the chattel is considered lost.
                 B.            When an owner of a chattel intentionally puts the chattel in a certain place but forgets to retrieve it, it is considered mislaid.
                 C.            When the owner of a chattel intentionally and voluntarily relinquishes both title and possession it is considered abandoned.
                D.             Title to a lost or mislaid chattel remains with the rightful owner. One who reduces a lost chattel to possession is its finder and only acquires a possessory right to the chattel.
                 E.            A finder’s rights to a lost chattel are generally superior to all except the rightful owner.
                  F.            A finder’s possessory right to a lost chattel found when the finder was on another’s property with consent (express or implied) is generally superior to that of the property’s owner.
                                    1.            If one finds a chattel on private premises open to the public (e.g. the public area of a shop), the finder’s possessory rights are superior to all except the rightful owner.
                                    2.            If a chattel is found in a private portion of a landowner’s premises, the landowner (not the finder) acquires a possessory right to the chattel.
                G.            Mislaid Chattel The owner of the property where a mislaid chattel is found acquires a possessory right to the chattel that is superior to all but the rightful owner.
                H.            One who finds a chattel by virtue of a trespass generally does not acquire a possessory right superior to that of the owner of the property upon which the finder has trespassed.
                                    1.            One who wrongfully (i.e., by trespass) obtains possession of a lost chattel may sue to recover possession from a third party (i.e., persons other than the rightful owner or the owner of the property) interfering with his possession.
                                    2.            One who finds but then loses a chattel may sue to recover the chattel from a third person who subsequently finds the same.
                   I.            A landowner, not a finder, acquires a possessory right, based on constructive possession, to objects (e.g., meteorites) embedded in soil located on his property.
                   J.            Unclaimed gold, silver, currency, etc. intentionally concealed or buried by an unknown owner (i.e., a treasure trove) belongs either to the finder or to the landowner, depending on the jurisdiction.
                K.            Due Care As a quasi-bailee, a possessor must exercise due care toward a lost or mislaid chattel in his custody.
                                    1.            If a possessor knows, or can reasonably ascertain, a rightful owner’s identity, he has a duty to do so. A breach of this duty is grounds for a charge of larceny and an action for conversion.
                                    2.            A possessor’s obligations persist until either sufficient time has passed to constitute abandonment, or the statute of limitations has run.
                 L.            Gaining Title
                                    1.            A possessor gains title to lost or mislaid property when either the statute of limitations has run or the chattel is held to be abandoned.
                                    2.            Most jurisdictions have enacted estray statutes under which a lost or mislaid chattel is placed with proper authorities who register it. If the chattel is unclaimed after a certain amount of time, the possessor becomes the owner.
               M.            Statute of Limitations Every jurisdiction has a statute of limitations prescribing the period during which the rightful owner must bring suit to recover possession of a lost or mislaid chattel. (See Adverse Possession of Real Property, below.) Modern courts tend to depart from the rule applying adverse possession to chattels and apply the discovery rule, which dictates that a rightful owner’s cause of action accrues “when he first knew, or reasonably should have known through the exercise of due diligence, of the cause of action, including the identity of the possessor. . . .”
III.            ACCESSION
                A.            Definition Improving the value of another’s chattel (usually with labor or added materials).
                 B.            Ownership of the improved chattel is at issue when the added value cannot be separated from the original chattel or the original chattel has so changed as to constitute a different species (e.g., wheat is ground into flour).
                                    1.            The “different species test” (traditional rule). When the original chattel is completely changed, the party who made the change, not the owner, will be awarded title to the new product.
                                    2.            The “disproportionate value test” (modern rule). The party who made the change will be awarded title when the value added is wholly disproportionate to the original chattel’s value.
                                    3.            The original owner may recover damages for conversion.
                 C.            One who improves another’s chattel must act in good faith. A willful trespasser will never be awarded title by accession. An original owner may elect to sue a willful trespasser for damages (conversion) or return of possession (replevin).
                D.            An improver who was denied title does not generally have a right to compensation.
                                    1.            Damages at law are usually denied even in good faith situations.
                                    2.            Equitable relief may be obtained.
IV.            CONFUSION
                A.            Definition Confusion is the mingling of separately owned fungible goods so that they cannot be distinguished.
                 B.            Regardless of the facts surrounding the event, the parties become tenants in common with an interest in the whole proportional to their respective share, if the contribution of each party is known.
                 C.            When the contribution of each party is unknown, the parties share equally as tenants in common. Exception: When the confusion is wrongfully occasioned and the wrongdoer fails to prove his share, the innocent party takes the whole.
V.            BAILMENTS
                A.            Definition A bailment is a temporary transfer of the right to possess property from the owner (bailor) to the bailee.
                                    1.            A contract is not essential to creating a bailment.
                                    2.            To constitute a bailment, the bailee must:
                                                       a.            have physical control of the property;
                                                      b.            intend to assume custody of the property; and
                                                       c.            consent to the bailment.
                                    3.            Even if the bailee lacks an intent to assume custody of property, a constructive or involuntary bailment may arise. Example: Someone finding an umbrella left behind at a restaurant is a bailee.
                 B.            Bailee’s Rights and Duties
                                    1.            A bailee has a right to possession superior to all, except the owner. The bailee can maintain a suit against third parties interfering with his possession.
                                    2.            Absent a contrary agreement, a bailee has no right to use the bailed goods. Any intentional unauthorized use resulting in loss makes the bailee absolutely liable. Incidental use essential to the performance of the bailee’s duty is permitted. 6     Miscellaneous Topics
                                    3.            The bailee must redeliver the property to the bailor at the termination of the bailment. A bailee is strictly liable for misdelivery of the bailed property. Constructive bailees are liable only for negligent misdelivery. If the bailee either refuses to return the property or departs without authorization from the terms of the bailment, strict liability attaches.
                                    4.            If a bailee’s use of the bailed property harms a third party, the bailee (not the bailor) is liable due to his possession and control of the property.