Rule of Capture
Reasonable Prospect Test
The pursuer may be within reach or have a reasonable prospect of taking
What is the rule for abandonment for personal property?
1. Owner must intend to relinquish all interests in the property with no intention that it be acquired by any particular person; and
2. There must be a voluntary act by the owner effectuating consent
Models for AP
Limitations
Administrative
Development
Personhood
difference between a gift and a will
a gift is the immediate transfer of property from a donor to a donee
a will is the mere expectancy of transfer of property
oral agreement to settle a dispute regatding boundaries is enforcebale if both parties subsequentyl accept the line for a period of time
Certain Control Test
The pursuer manifests an unequivical intentention of appropraiting the animal to his individual use and depriving him of his natural liberty and brought him within his certain control
Preliminary Rule
First in time
the find prevails against all except:
1. The true owner
2. Any prior finders
Majority and Minority View for 1. actual
Min: set out by a statute
gift causa mortis
a gift that is made in anticipation of imminent death
- if the donor does not die, the gift is revoked
acquiesence
long acquiesence to boundary is evidence of agreement between the parties to fix the line
Stop Momentum Test
An individual intends to take control of a ball and manifests that intent by stopping the forward momentum of the ball - regardless of whether complete control is achieved
What is a finder?
1. They need possession
2. Acquires possession with the intent to possess
Majority and Minority View for Open and Notorious
Maj: the reasonable owner should have known
Min: the owner did know
manual delievery
Courts prefer manual delivery unless impossible or impractical. (traditional rule)
modern trend: recognizes informal writing as a symbolic delivery even when manual delivery is impossible
restatement: intent alone can satisfy delivery if the intent is established by clear and convincing evidence
estoppel
one neighbor makes representations about the location of a common boudnary and the other neighbor changes their position in reliance on the representatioins
Complete Control Test
A ball is caught if the person has achieved complete control of the ball at the point in time that the momentum of the ball and the momentum of the fan while attempting to catch the ball cease
Between 3 unlawful finders, who prevails?
The first unlawful finder
Claim of Right
Objective: State of mind of APer doesnt matter
Good Faith: the APer must mistakenly occupy the land
Bad Faith: the APer must be aware that they are occupying someone elses property ad intent to oust or dispossess the true owner
why does the law prefer manual delivery?
1. the donee understands the weight of the gift by feeling the wrench of delivery
2. evidence of the gift to an actual witness of the transaction
3. possesion of the item gives prima facie evidence in favor of the item being a gift
mistaken improvers: common law v modern trend
anything built on the wrong land becomes property of the landowner
force a conveyance from the landowner to the mistaken improver at FMV
Pre-Possessory Interest Rule
Where an actor undertakes significant but incomplete steps to achieve possession of abandoned property and the effort is interuppted by the unlawful ats of another, the actor has a legally cognizable pre-possessory interst in the property
Bailment
Rightful possession of chattels by someone other than the true owner
Constructive AP under a Color of Title
1. Refers to a claim founded on a written instrument
- must still satisfy the AP elements
2. Actually possess part (but not all) of the land described in the deed
- subject to a shorter SOL and
- activites relied on to establish AP reach to the whole premises desribed in the deed
what is the difference between a gift and a contract
difference between trivial and substantial improvments
trivial improvements: no relief; removal
substantial improvements: may order removal when landowner shows:
1. he will suffer irreparable harm and
2. his harm is greater than that of the mistaken improver