ACQUISITION & POSSESSION
Mere pursuit of property is not enough—you must have this level of control.
What is actual possession or control?
Property owners generally have the right to do this with their property during life.
What is transfer (sell, gift, or give away)?
This type of nuisance affects a small number of individuals.
What is private nuisance?
This type of property goes to the owner of the premises, not the finder.
What is mislaid property?
“O to A so long as the land is used for farming.”
What is fee simple determinable?
Property rights can arise when a person significantly improves or works on something under this theory.
What is labor theory?
This case suggests not everything (like body parts) is considered transferable property.
What is the limitation on property rights (no full property right in certain things like cells)?
This type affects the public at large.
What is public nuisance?
This type of property typically goes to the finder.
What is lost or abandoned property?
“O to A, but if alcohol is sold, O may re-enter.”
What is fee simple subject to condition subsequent?
Property rights may exist between competitors but not against the public.
What is quasi-property?
Property owners generally have this right over their own property.
What is the right to destroy?
This element requires interference to be significant, not trivial.
What is substantial interference?
This rule ranks rights between owner, finder, and others.
What are relative rights?
“O to A for life, then to B.”
What is a vested remainder?
This interest arises when someone is close to possession but is wrongfully interrupted.
What is a pre-possessory interest?
This right becomes more limited at this point in time.
What is at death?
A plaintiff cannot recover if they fall into this category.
What is an abnormally sensitive plaintiff?
A ring is found embedded in the soil of a private home.
What is likely goes to the landowner (locus in quo)?
“O to A for life, then to B if B survives A.”
What is a contingent remainder?
A hunter mortally wounds an animal but another person captures it before it dies.
What is the first hunter likely has rights due to mortal wounding/control?
A will directs destruction of a valuable home, harming neighbors and community value.
What is destruction may be limited by public policy?
A lawful business creates noise that seriously interferes with neighbors’ enjoyment of land.
What is a nuisance in fact (requires balancing / 5-factor test)?
A wallet is intentionally placed on a table and forgotten in a café.
What is mislaid property and goes to shop owner?
“O to A, unless X occurs, then to B.”
What is fee simple subject to executory interest?