Property Outline
I. Ownership
A. Personal Property
1. Acquisition by Capture
A. General Rule: One acquires property rights in a wild animal (or analogous to) if there is intent to deprive it of it’s natural liberty by capture, trapping, or mortal wounding. (principle of first-in-time) (Pierson v. Post)
1. Wild Animals
a. Constructive Possession – owner has constructive possession of animals on his land and the exclusive right to capture over one who trespasses to capture.
b. Industry – those who hunt or capture for livelihood are protected against others for title, but not under fair competition. (Keeble v. Hickeringill)
1. Custom is a consideration (Ghen v. Rich)
c. Exceptions
1. Animus Revertendi – animals that have a habit of coming back are in the possession of the original owner even if they wander off.
2. Offspring generally go to the owner of the mother
3. Rare animals not native to the land generally go back to the original possessor.
2. Caves
a. Landowner owns the land beneath his land.
3. Fugitive Resources
a. Oil/Natural Gas/Water (analogous to wild animals)
1. Split of authority
2. Statutory and administrative regulations
3. Surface waters are constantly moving
2. Bailment
A. General Rule: Rightful possession of goods by one who is not the true owner, who through an express or implied understanding that property will be returned. There must be intent to possess and physically control the goods while excluding another from interfering with it. Good has to be specific and distinguishable, not fungible items (cash, grains)
B. If a person is mistaken as to the contents of the goods, they lack the intent necessary for possession.
C. Custody equals no intent to relinquish the right to give it up.
D. Lack of knowledge to the value of the goods is bailee’s responsibility.
1. Classifications and Standards of Care:
a. Sole benefit for Bailor – bailee only liable for gross negligence & slight care.
b. Sole benefit for Bailee – bailee liable for slight negligence & great care.
c. Mutual benefit for both – bailee liable for ordinary care as exercised by a reasonable person. This could be bailee for hire.
2. Liability for Failure to Return Goods
a. Bailee has a duty to return goods to the bailor when time expires.
b. Bailee liable for conversion, regardless of negligence. If the bailee wrongfully refuses to return goods or if the bailee delivers the goods to the wrong person. (Misdelivery calls for strict liability).
c. Liability of the bailee is based on negligence if the goods are lost, destroyed or damaged during the bailment. Burden of proof is on bailor to prove negligence. If they prove delivery, lack of return, or delivery in damaged condition then burden of proof switches to bailee.
3. Rights of Bailee against Third Parties – bailee is protected against third parties who wrongfully takes or damages the goods. Wrongdoer cannot defeat bailee by stating title is vested in another. (relativity of title)
3. Finders
A. General Rule: Finder has good title to the property against all the world except the true owner. (Armory v. Delamirie)
B. First-in-time- First i
1. Gift made while in anticipation of imminent death.
2. All three elements of gift still necessary
3. Revocable if donor does not die as anticipated
4. Property already in possession of donee is assumed delivered
D. Future Interest
1. If someone has retained future interest as a gift, it will not become possessory until the donor relinquishes possession, such as death. (Gruen v. Gruen)
2. Does not work if tried to give in will, “You can have this at death” (NO).
a. Title of ownership v. possession
5. Acquisition by Discovery
6. Right to Exclude
A. Fundamental right of property
1. Cannot exclude for the purpose of injuring another’s personal rights
2. Human values limit property rights since those rights serve human values. (State v. Shack)
B. Techniques of Exclusion
1. Hermit’s Right
2. Bouncer’s Right
3. Exclusionary Vibes
4. Exclusionary Amenities
7. Adverse Possession
A. General Rule: Must consist of actual entry that gives exclusive possession that is open and notorious, hostile and under claim of right, and is continuous for the statutory period.
B. Elements
1. Actual entry
2. Exclusive
a. Must be able to show that owner or another has not intervened in the possession.
3. Open and notorious
