Property I -DS - I. What is property? A bundle of rights....

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I. What is property? A bundle of rights. So that any interest has these characteristics a. Possess b. Use c. Fruits and Profits Exclusive d. Alienate Perpetual e. Destroy II. Actions A. Trespass: 1. Right of possession 2. Intentionally interfered with right of possession 3. No authorization for interference Recovery of damages B. Conversion (Trover): forced sale 1. Right of possession 2. Intentional interference 3. Lack of authorization 4. Serious/significant interference Full fair market value of the property C. Replevin (action to recover pp) 1. Right of possession 2. Intentional interference 3. Lack of authorization Return: right of possession plus right of replevin III. Acquisition of individual property rights in wild animals: A. What is a wild animal? - what are the generally shared expectations with regard to a type of animal in this locale? - do these animals have owners or not? - expectations lead to notice: if an animal generally has an owner, it is not a wild animal, and vice versa. B. General Rule 1. Intention- to appropriate the animal to individual use Why is it important? -Limited supply, so why allocate to those who don’t desire it. - Rights carry responsibilities and obligations. Don’t want to impose property rights without consent. People should not be forced to assume obligations. 2. Possession- deprive the animal of its natural liberty - bring it within your certain control Why is it important? a. for the sake of certainty b. for preserving peace and order in society.
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C. Ratione Soli: by reason of ownership of the soil - exclusive right to hunt and fish - do not automatically own the animals on their land. - all about discouraging trespass 1. the plaintiff (claimant) is the owner of private property 2. the other claimant/ defendant is a trespasser: enter the private land without authorization. 3. the trespasser has satisfied the general rule: intention to appropriate the animal for individual use and requisite possession - the rights that would normally go to the captor will go to the landowner. D. Loss of rights - Regain natural liberty: 1. Free from artificial restraint. 2. To return to your natural habitat.
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IV. Lost Property A. Types of Claimants 1. True Owner : always has superior rights, original and rightful owner of property that is lost, mislaid, or abandoned 2. Finder: a) Possession- takes physical custody of the property; person in possession of the article b) Intent- to control the property - possess - use - fruits and profits (if true owner appears you need to need to turn over fruits and profits) - alienate (can’t transfer ownership; can only transfer finder’s rights) - cannot destroy b/c true owner still has an interest 3. Fee Owner: owner of the place where the property is found - the property was found on their real estate - the moment it hit the ground, they found it (first possession) - Is a fee owner ever considered a finder? - in constructive possession when they safeguard the property and return it to the true owner.
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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 I -DS - I. What is property? A bundle of rights....

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