PROPERTY OUTLINE
Rights & Duties of Possessors
I. Definitions
1. Conversion – any distinct act of dominion wrongfully exterted over another’s personal property
in denial or inconsistent w/his rights therein.
2. ejectment – an action to restore possession of property to the person entitled to it.
a. A P must not only show that the D is a wrongful possessor but must also prove:
i. that P has a right to possession and if P prevails, then D will be removed from possession and her own possession will be restored
ii. P must show that D is in wrongful possession.
3. Parcels – a description of property wet in conveyance to provide for easy identification
4. conveyance – to transfer the title of land from one person or class of persons to anther by deed
II. Rights and Duties of Possessors
1. Possession rights:
a. generally, one obtains title to goods by acquiring them from and w/the consent of,
their prior owners
b. exception – a person can obtain title by the mere fact of “possessing” the article
1. examples- wild animals, finding lost articles, and adverse possession
c. Possession is established by having:
1. intent – to have dominion and
2. control – the power to exercise dominion
d. possession generally requires both physical control over the item and intent to
control it or to exclude others from it.
Unappropriated Property – usually directed by statute
e. Exceptions – Wild animals
1. Not easy to tell who has possession over a “wild animal”
2. the capture of a wild animal is sufficient
n What happens when there is less than an outright capture of a wild animal; who has possession?
a. chasing – because someone has spotted and chased a wild animal
does not constitute possession
b. trapping or wounding – one who mortally wounds an animal or fish,
so that capture is almost certain is deemed
to have possession. ( the capture must be
complete before possession will be found)
c. Killing of wild animals – example: X pursuing a fox when B shot it;
if B’s show would have only wounded the fox and X would’ve
gotten the fox 1st, X would have possession.
Note – you must have both physical control and i
een hidden or concealed for such a lenght of time that the owner is probably dead or undiscoverable.
c. treasure trove – belongs to the finder as against all but the true owner; unless gov’t has atrusion property to finder
d. in treasure trove – ask:
1. when you found the property
2. what is the property
3. how did it get there
4. what is the classification of the property
Note – the difference b/t lost and mislaid property =
a. intent of the owner
b. time – how long has it been since it was lost?
c. depends on the facts
Statute for finders – finders fee unless stolen by one seeking fee
a. take reasonable steps to find the true owner
b. time period for a claim
Note – the person who can show true ownership can always get the property back.
Note – property is not considered to be lost unless considering the place where and the conditions where the
