Property – Fall 2005
I. Acquisition and Types of Property
A. Finding
B. Gifts
C. Property Rights in Human Bodies
D. Adverse Possession
E. Bona Fide Purchasers
F. Intangible Property
II. Private Interests in Real Property
A. Landlord and Tenant
1. Creation of LL-TT Relationship and Possession of the Property
2. Termination and Eviction
3. Condition of the Premises
4. Duty to Operate Business
5. Damages and Summary
B. Interests Affecting Another’s Land
1. Easements
2. Nuisance
3. Natural Interests
C. Estates & Future Interests
D. Concurrent Ownership
E. Real Estate Transfer
III. Public Interests in Real Property
A. Land Use Controls / Zoning
B. Takings
1. Eminent Domain and Introduction to Regulatory Takings
2. Development of Takings Law
3. Exactions
4. Compensation
I. Acquisition and Types of Property
a. Finding
i. Definition of Finder: The first person to take possession of lost or unclaimed property is a “finder.” Possession requires both:
1. An intent to possess the property
a. Knowledge of your possession
AND
2. Outward Manifestation of possession
a. Act of possession
(ex) If F picks up a lost gold ring and places it in her pocket, she has exhibited both intent and actual control and is deemed a finder. Conversely, if F merely sees the ring and passes by, she has not become a finder. As in the case of wild animals, discovery alone is insufficient to confer title.
ii. Categories of “Found” Property
1. Abandoned Property
a. Property is abandoned when the owner intentionally and voluntarily relinquishes all right, title, and interest in it.
(ex) If O deposits a broken toy on the sidewalk so that it can be removed by garbage collectors, he has abandoned it.
2. Lost Property
a. Property is deemed lost when the owner unintentionally and involuntarily parts with it through neglect or inadvertence and does not know where it is.
(ex) If O’s lucky silver dollar accidentally falls through a hole in his pocket onto the ground, it is considered lo
duct would be considered abandonment; it demonstrates that O has voluntarily and intentionally relinquished his title to the watch. When bystander F picks up the watch and places it in his pocket, his possession confers title. O has no legal right to demand its return.
iv. Rights of Finder Against Third Persons Generally
1. Relativity of Title
a. Multiple claimants assert competing interests
b. Property law ranks those competing claims
c. Stronger claimant prevails over lesser interests
(ex) If F finds O’s lost watch, F obtains title to the watch that prevails over the claims of everyone except O. Thus, if F now loses the watch and it is found by X, F can recover the watch from X.
v. Rights of Finder Against Landowner
(ex) F finds a diamond ring on land owned by L. As between F and L, who owns the ring? An American court is more likely to award the ring to L than F.
