Property Law 1
Finnegan
Summer 2014
Key
· Definitions and Cases
· Analysis
· Common Law Rules
· Statutes
· Elements
Definitions
· Ownership/Title – a legal claim of ownership over something
· Possession/Occupancy – present control over something
· Ratione Soli – idea of a landowner’s constructive possession of chattel on his land
· Locus in Quo – place where an item is found
· Ejection – action to remove possessor from wrongfully possessed land
· Bailment – voluntary handing over of right to possess without transfer of title
· Bailor – A party who entrusts goods to a bailee
· Bailee – A party into whose possession or custody goods are delivered without transfer of title
·
Possession & Ownership
First Possession
Background
Capture
Finders Rule: First in time – first in right.
· The fundamental rule for ownership is that the first person to take possession of a thing owns it
Acquisition by capture
· Rule – Whoever is prior in time wins. Whoever captures resource is entitled thereto.
· Wild Animals
o Elements
§ Manifest intent to appropriate
§ Deprive animal of its liberty
§ Reduce it within one’s certain control
o Factors
§ Pursuit is insufficient
§ A wounded or trapped animal may be considered as captured
§ Constructive possession / Rationi Soli – a landowner has constructive possession over animals on such his land therefore have first in time possession over same.
§ Wounded or trapped animal – if a wild animal has been mortally wounded or trapped to that capture is practically certain, it is treated as captured
§ Generally captor must acquire physical control over animal absent contrary custom
Subsequent Possession
Acquisition by Find
Definitions
· Lost property – property unintentionally not in possession of owner.
o Finder has claim to all except true owner or prior possessors
· Mislaid property – property voluntary relinquished from owner’s possession but left behind.
o Owner of locus in quo has claim against all but true owner
· Abandoned property – Property relinquished by owner with no intent to recover.
· Locus in quo – place of cause of action; where item is found
· Treasure –
· Ratione Soli/Constructive Possession – Land owner possesses everything attached to or under his land
o May not possess an un-affixed item laying on his land
o May not possess items in areas opened up for public use
Rule
· Public Place – Finder has first in time right against all except owner and previous possessors
o Status of Item – not relevant
o Status of Finder – not relevant
· Private Place/Public Use – Right to item depends on status of item and of finder
o Status of Item
§ Lost – Item goes to finder
§ Misplaced – Item goes to owner of locus in quo
§ Abandoned – Item and title go to finder
o Status of finder
§ Trespasser – item goes to owner of locus in quo
§ Agent of another – item goes to owner or possibly agent’s employer
· Private Place – Owner of locus in quo will normally get item against all but true owner
o Status of Item – not relevant
o Status of Finder – not relevant; trespasser strengthens case of owner
Analysis – 3 issues
· Status of locus in quo
· Status of item
· Status of finder
Status of Locus in quo
· Public place – item goes to finder
· Private place/Public use – depends on status of item and finder
o Lost Item
o Mislaid Item
o Abandoned item
· Private place – item goes to owner of locus in quo
Factors
· Employer of an agent may have claim over items that such agent finds
· The status of a locus in quo depends on owners reasonable expectation of control over such land
· Awareness of object not required when attached or under property of landowner
· Lost-Misplaced distinction should only be applied to private land/public place situation
Adverse Possession
Definitions – Adverse Possession is a wrongful possession that can ripen into title.
· Rationale – creates market efficiency and prevents courts from having to rule on stale cases.
· Causes of action
o Ejectment – AP statutory period limits claim by titleholder to eject wrongful possessor.
possessor gets all land reflected in defective writing
· Claim of title/right – possessor gets only land actually possessed
· SOL on ejectment – if owner brings action before SOL expires, owner always wins
Law of Disabilities
· Definitions – Statutes that recognize the capacity and ability of true owner
· Rule – If the true owner is under a disability at the time of an adverse entry, the statute of limitations is extended for specified amount of time after the same disability is removed
· Disabilities – statue specific (unsound mind, age of minority, imprisonment, military service).
· Factors
o Disability statutes only consider if true owner suffered from disability at time when cause of action accrues.
o Only the true owner’s initial disability at the time of entry tolls the statute; a later different disability doesn’t further toll the SOL
o Typical statute – owner or successor in interest has 21 years after accrual to bring ejectment action; or, 10 years after the removal of the qualifying disability – latest of two.
Adverse Possession of Chattels
· Definitions – Elements of adverse possession of chattels are the same as land, though SOL shorter
· Discovery Rule – In appropriate case involving wrongfully possessed chattel, a cause of action will not accrue until the injured party discovers, or should have discovered through exercise of due diligence, the facts which form the basis for the cause of action.
o Triggers for SOL accrual under discovery rule
§ Owner identifies wrongful possessor
§ Owner fails to exercise due diligence in re-possessing chattel
o New York rule – SOL for replevin of chattels does not begin until the owner makes a demand from purchaser and the purchaser refuses.
o Rationale –
· Conversion and title
