Property Law-short version

Property Law-short version - Property I: Short Form Fall...

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Property I: Short Form Fall 1999 Professor Di Lorenzo By Daniel B. O’Sullivan I. Acquiring Rights to Wild Animals A. Definition of Wild Animals: Wild Animal: Generally held public expectation B. Requirements 1. Intent a) Intend to bring animal under your certain control. b) Courts will not place burden of ownership on someone if they don’t want it. 2. Occupancy, a) To deprive the animal of its natural liberty. b) Provides objective evidence of Intent. c) Gives others notice of your claim. C. Exceptions: 1. Rationi Soli. (Reason of the Soil) a) Trespasser fits the general rule b) Title vests in the fee owner 2. Custom: a) Where Occupancy is impossible b) General custom of the trade allows for other methods of providing objective evidence of the claim. D. Loss of Rights 1. Rights are defeasible 2. Requirement for loss of rights a) Animal regains its natural liberty: (1) Free from artificial restraint and it (2) Returns to its natural habitat b) Exception: Animus Revertendi (1) When animal has been trained to return (2) Reward the labor of the trainer by allowing them to keep the animal. II. Finders A. Definitions 1. Finder: Person who first discovers property. 2. Fee Owner: Person who owns the property where the lost property was found 3. Lost: Person unintentionally parted with possession 4. Mislaid: Person intentionally parted with possession and then inadvertently failed to reclaim it.
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5. Abandoned: Owner intentionally relinquishes title. 6. Treasure Trove: Intentionally concealed money, gold or silver. True owner is unknown or unknowable. 7. Public v. Private: Generally held expectation. B. Public Places 1. Lost: Finder gets possession 2. Mislaid: Fee Owner gets constructive possession 3. Abandoned: Finder gets possession. 4. Treasure Trove: Finder C. Private Places: 1. Lost: Fee Owner 2. Mislaid: Fee Owner 3. Abandoned: Fee Owner 4. Treasure trove: Finder (?) D. Reasoning: Maximize the likelihood of return of the article to the true owner. E. At Common law finder never received good title F. Employees find for their Employers G. Independent Contractors find for themselves. H. NY Law Article 7-B 1. Definitions a) Property : money, instruments payable to bearer or cash, goods, chattels and tangible property. b) Instruments
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This note was uploaded on 02/18/2008 for the course LAW 1020 taught by Professor Dilorenzo during the Fall '99 term at St. Johns Duplicate.

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Property Law-short version - Property I: Short Form Fall...

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