Cases, Cases, Cases
-found property that is intentionally concealed by its original owner is classified as mislead property.
-Individuals do not "abandon" cash by stashing it in an airplane wing
Benjamin v. Lindner Aviation Inc.
What is the purpose of adverse possession?
-Land is meant to be used as a finite resource
-The law cannot stand seeing land sit as unproductive and unmaintained
If original owner doesn’t specify where property goes after A, it bounces back to original owner.
What is this "bounce back" called?
REVERSION
I take a desk that my neighbor left in his driveway near his trash
Abandoned Property
Gift given by someone who is facing imminent death.
Gift Causa Mortis
-pursuit alone is not sufficient.
-depriving a nature animal of its liberty, by mortal wound or seizing, or otherwise controlling it.
Pierson v. Post
What three disabilities pause or begin the statute of limitations late for adverse possession?
A remainder is considered contingent if it meets one of two criteria:
"Voluntarily placed and forgotten"
Mislaid Property
What kind of bailment:
You hold your friend's computer while they run to the bathroom in Starbucks
Bailment solely for the benefit of the owner
- implied warranty of habitability applies to all residential lease.
-Damages may include: all rent paid or due, all out-of-pocket expenses for repairs, and in extreme circumstances punitive damages.
-We do not want the roof falling into baby cribs
Hilder v. St. Peter
Which doctrine analyzes the subjective intent of the adverse possessor and rewards bad faith?
The Maine Doctrine
Solve the problem without running into the alienability problem. (separates ownership into legal ownership and equitable ownership)
Trusts
Just because money is wrapped in rubber bands does not mean that it cannot be _____ _______
Lost Property
arises when a tenant wrongfully remains in possession of property after the lawful right to possess has ended.
Tenancy at sufferance
-The landlord has a duty to mitigate damages by making reasonable efforts to relet the premises.
- a landlord cannot sit back and allow rent to accumulate if they have the ability to relet premises.
(Hint: in the Sommertime, when the weather is high)
Sommer v. Kridel
What are the four hurdles to clear for an adverse possessor to rightfully possess a land?
Actual entry, Open and Notorious, Continuous, and Adverse and under a claim of right
used when a contingent remainder is tied up to the heirs of an individual.
Simply erases or wipes out the heirs and gives O a fee simple absolute.
Doctrine of Worthier Title
I find the order that granted the beginning of construction for Titanic on a public beach
treasure trove
When applying disabilities in terms of adverse possession, disabilities allow for a ten year grace period after the disability has been removed or...
The Basic limitations period for this statute is 21 years.
-A landlord commits a wrongful eviction by locking the tenant out instead of using the judicial system to retake the premises.
-Modern trend goes against self help landlords
Berg v. Wiley
The book and podcast refer to adverse possession as...
"legally sanctioned stealing"
What does the Rules against Perpetuities state?
An interest must be vested no later than 21 years after the death of some life in being at the creation of the interest.
anything buried in the dirty that goes to the owner of the land it is buried on.
What are the 4 main rights of exclusion?
1) The Hermit's right
2) The bouncer's right
3) Exclusionary Vibes
4) Exclusionary Ammenities