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Definition
| the legal rights among persons with respect to things |
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Term
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Definition
posses/occupy
use/exploit
exclude others
transfer
modify/destroy |
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Definition
First in time
acquisition by conquest
acquisition by capture
acquisition by creation |
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Term
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Definition
property already owned by someone else, subsequently comes into the possession of another
Find
Adverse Possession
Gift |
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Term
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Definition
| taking something via force and they submit to the authority due to force. |
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Term
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Definition
property in wild animals is acquired by occupancy, meaning at least mortally wounding or capturing from a distance, and at most physical possession.
Pursuit is not enough |
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Term
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Definition
| Constructive possession. When a wild animal comes onto your property you gain constructive possession unless that animal was mortally wounded by another before wandering onto your property. |
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Term
| Wild animal - mind of the possessor |
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Definition
| did they show intent to appropriate the beast or deprive the animal of its natural liberty. were reasonable precautions used to prevent escape |
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Term
| Competitor vs Non-Competitor |
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Definition
competitor is allowed to seek capture of a wild animal and interfere with another's mere pursuit.
non-competitor is not allowed to merely interfere with another's capture of the animal |
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Term
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Definition
I-is it a property right interest that should be protected?
R- define property/rationale
A - elements/go thru fact pattern
C -is/is not a property right that needs to be protected |
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Term
Acquisition by Creation
3 types |
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Definition
Property rights in One's Idea
Property rights in One's Person
Property rights in One's Persona |
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Term
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Definition
Intellectual property rights-rights in your ideas
includes copyrights, patents and trademarks |
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Term
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Definition
| you have a right to your body and parts unless your parts are removed then you lose all rights unless specifically addressed by legislature |
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Term
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Definition
Rule: need consent from the individual if you do something that reminds or might confuse public of that individual.
must limit their ability to market or sell. |
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Definition
is good as against the whole world BUT the true owner.
True owner holds superior rights to the item. |
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Definition
| someone who takes possession of lost property that is owned by another without permission |
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Term
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Definition
show:
intent to control the property AND
an act of control |
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Term
| 4 Categories of Found Property |
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Definition
Lost
Mislaid
Abandoned
Treasure Trove |
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Term
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Definition
| true owner is separated from property unintentionally either through neglect or inadvertence |
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Term
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Definition
| True owner intentionally places the property in/on a certain place with the expectation to retain ownership but fails to reclaim it or forgets where he put it |
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Term
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Definition
True owner must have intentionally and unequivocally relinquished all right and title in the property
as more time passes, likelihood of abandonment increases
if finder finds it he is new owner and original owner has no legal right to demand its return. |
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Term
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Definition
| any money or coin, gold. silver plate, or bullion hidden in the earth |
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Term
| Influences of courts decision for finders rights |
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Definition
presumed intent of original/rightful owner
location where property is found AND
Status/ID of the competing claimants |
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Term
| General Rules of Found property |
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Definition
object found in private house or embedded in the soil of private land belong to the landowner, NOT the finder
status of the finder is important - finder, employee, trespasser |
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Term
| successful Adverse Possession claim |
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Definition
true owner is barred from right in property. adverse possessor obtains title in property
adv. possessor has burden of proof |
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Term
| elements of Adv Possession |
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Definition
| A'NOCHE + possession + passage of Certain amount of time=adverse title |
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Term
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Definition
Actual Possession/entry
Notorious
Open
Continuous / uninterrupted
Hostile/under claim of right |
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Term
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Definition
you physically possessed that property
acting like you own it
Starts statute of limitations for which the true owner must act |
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Term
| 2 Part test for possession/entry |
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Definition
Majority - to prove actual possession you must use property as a reasonable owner would use the property
Minority - statutorily prescribed behaviors - must cultivate the property, improve the property & or enclose the property |
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Term
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Definition
notorious - owner should be on notice
open - plain sight for public notice. can't be hidden, slealthy. |
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Term
| continuous & uninterrupted |
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Definition
use in same manner that owner would use in same period of time
uninterrupted...not consecutive, just uninterrupted ...original owner cannot interrupt otherwise it starts over |
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Term
| Hostile & under claim of right |
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Definition
| coming onto property with claim of right without owner's consent. once you have consent from owner its over. inside the mind of adv possessor depends on jurisdiction |
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Term
| Objective test -state of mind adv poss |
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Definition
AKA Connecticut Doctrine
state of mind is irrelevant for hostile |
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Term
| Subjective Test - Good faith test |
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Definition
| good faith belief that you owned property but you later find out that you don't have title ; actions matter, state of mind doesn't matter |
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Term
| Aggressive Test -Hostile Adv Poss |
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Definition
AKA Maine Doctrine
knew you didn't own it but you intended to take it and make it your own anyway |
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Term
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Definition
| adverse possessor cannot share possession with the owner of general public |
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Term
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Definition
| if there is something wrong with the deed and you have owned it for 5 years then you do not have to prove adverse possession. you would do a color of title claim instead of adverse possession |
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Term
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Definition
| decree you are the rightful owner of this property. you want to quiet anyone else's claims to the property. this makes sure that the property title cannot be disputed in the future. You are trying to remove an adverse possessor |
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