Show:
Theories of Property
Property Rights
Adverse Possession
Owning Personal Property
Property Cases
100

What is the First Possession Approach

  • The first person to take possession of something unowned becomes the owner of it.
100

What is real property vs personal property?

  • Real: The land and things attached to it (such as buildings or improvements)
  • Personal: anything that is not real property
100

What is meant by hostile and adverse in adverse possession, and what approaches may be required here?

The claimant must not be in possession under the record owner’s title and must have the requisite mental state.

  • Good Faith Approach (Iowa)- Must believe in good faith that you own the land.
  • Bad Faith Approach (Maine)- Must intend to take the title of land.
  • Objective Approach (Conn)- Mental state is irrelevant, only care that they satisfy the other AP elements.
100

What is Larceny?

The unlawful taking and carrying away of someone else’s personal property with the intent to keep it.

100

Pierson v. Post sets a precedent for determining ownership of an unowned wild fox, and how a hunter acquires ownership of an animal. Please elaborate.

  • One becomes the owner of an unowned wild fox by being the 1st person to establish “occupancy” .
  • A hunter acquires occupancy by :
  • Manifesting an unequivocal intention of appropriating the animal to his/ her individual use.
  • Depriving the animal of its natural liberty; and bringing it w/in certain control.
200

What is Labor Theory

  • A person acquires PR by mixing their labor with an unowned natural resource.
200

What must one do to be liable for” trespass?”

  • One must intentionally make unprivileged entry onto land in possession of another or cause something or a 3rd person to do so.
200

What is meant by continuous in adverse possession?

  • Claimant’s possession must be continuous as a hypothetical reasonable owner’s possession would be, taking into account the character, location, and nature of the land.
200

What is the finder's rule?

  • Finder has good title against all the world, but a true owner or prior possessor.
200

What is the rule Moore v. regents of the Univ of CA? (ensure definitions are provided for complex terms)

  • Pl’s excised cells were not “personal property,” therefore PL could not recover for “conversion.”
  • Conversion is a tort involving actual interference with ownership/ rights of possession of personal property
300

What is the Law & Economics variant of Utilitarianism

Prop is seen as an efficient method of allocating valuable resources in order to max 1 particular facet of happiness, usually wealth

300
What are the requirements for someone to acquire property through adverse possession?

The claimant’s possession must be:

  • Hostile (and adverse)
  • Continuous
  • Actual
  • Open and Notorious
  • Exclusive
300

What is meant by actual in adverse possession?

  • Claimant must physically use the land in the same manner that a hypothetical reasonable owner would, taking into account the character, location, and nature of the land.
300

What is the difference between the Inter vivos gift and the Testamentary gift?

  • Inter vivos gift: A gift that becomes effective during the life of the donor (the person making the gift).
  • Testamentary gift: A gift that becomes effective after the death of the donor and must be made in a will.
300

What does the Tranfield v. Arcuni-English case cover? (define any relevant terms)

Covers Spite Fences

A spite fence is: 

(1) Any fence or structure in the nature of a fence; (2) unnecessarily exceeding 6ft in height; (3) Maliciously kept and maintained for the

400

what is the Ensure Democracy Theory?

It assumes that property facilitates democracy.

  • During 1700s tenants on a land were not able to control their votes.
400

What is a private nuisance?

  • An (1) intentional, (2) nontrespassory, (3) unreasonable, (4) substantial interference with (5) the use and enjoyment of plaintiff’s land.
400

What is meant by open and notorious in adverse possession?

Claimant’s possession must be visible and obvious

400

What is donative intent?

  • Donative Intent: Donor must intend to make an immediate transfer of the property.
  • A will is normally needed to prevent fraud, in many states the signing of the testator must be witnessed, that person must also sign stating that they saw testator sign.
400

What rule was established in Fulkerson v. Van Buren?

  • Possession in conformity w/ recognition of, or subservient to the superior right of the holder of title to the land, defeats the adverse possession claim.
500

Explain Personhood Theory

  • Prop necessary for an individuals personal development.
  • Close relationship to tangible things- family pics, home, etc.
  • a right to personhood prop should be given priority over a conflicting claim by the owner of non-personhood prop.
500

What rights are covered in "The Bundle of Sticks" and what do these rights entail?

  • Right to transfer- (Cld alienability)-owners can freely transfer/ alienate any of their property to anyone but can be limited due to public policy. 
  • Right to exclude- Landowner’s right to exclude is implemented through the tort doctrine of trespass.
  • Right to use- Use your property in a manner that does not injure another person’s property. Look at the doctrine of nuisance.
  • Right to destroy (Possibly)- Difficulty arises when an owner seeks to destroy property that retains substantial value. 
500

What is meant by exclusive in adverse possession?

  • Claimant’s possession cannot be shared w/ the owner or with the public in general.
500

Under the Gift Causa Mortis Elements, who is responsible for providing donative intent?

The party alleging that there was a gift

500

What was the rule established in Armory v. Delamirie?

  • Finder has good title against all the world, but a true owner or prior possessor.