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PROPERTY OUTLINE I. INTRODUCTION a. Title i. Evidence of actual possession 1. Receipt/Possession ii. Alienability 1. Free to do what you wish with it a. Transfer, use, destroy, etc. II. SUBSEQUENT POSSESSION a. FINDING i. Bailment (Lending) 1. Balior – Owner 2. Bailee – Person receiving object a. Holds duty to keep possession in reasonable condition, etc. b. If bailee sells book, you can sue for return of the item, or sue in trover for money damages. Bailee did not have full possession. ii. Involuntary Bailment 1. Actual owner is an involuntary bailor 2. Finder is voluntary bailee iii. Prior Possessor always Wins 1. Reasoning a. Protects owners who are unaware of ownership b. Historical law 2. Example – Find a jewel, take it to get it appraised, jeweler keeps it, knowing it was found. You win. ( Armory v. Delamarie , Pg. 96) 3. Exceptions – Property acquired by theft/trespass b. ADVERSE POSSESSION – Case: Lutz v. Van Valkenurgh (Pg. 115) i. Record owner is dispossessed of his land if it is seized by an APer and the statute of limitations passes . 1. Limited by SOL, must eject the APer in this time. If not, recovery is barred. ii. Requirements 1. Actual Entry a. Triggers the cause of action (SOL) 2. Open and Notorious Possession a. Must be visible to give the actual owner reasonable notice 3. Hostile and Adverse a. Non-permissive b. Claim a freehold c. Show intent to use land d. Two Tests i. Objective test 1. Actions of possessor are key here
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ii. Subjective Test 1. Need a good faith belief that you own title a. Ex: Told to farm land, title not written. e. Minority – Some states require color of title . (written instrument) 4. Continuous a. Uninterrupted i. Requires only the degree of occupancy an average owner would make of the particular property 1. Ex: Seasonal homes – Can be sufficient, if the lands are normally used in this manner. a. Case – Howard v. Kunto (Pg. 136) b. Tacking i. Successive occupants must be in privity, ON BOTH SIDES 1. Privity – voluntary conveyance from one APer to another ii. Conveyance of the actual title does not affect tacking. 1. Owners must be in privity iii. Exceptions 1. Ouster does not work; transfer must be voluntary 2. Abandonment does not apply c. Abandonment i. Defined – Intentional relinquishment for any period of time. Clock starts anew. 5. Exclusive 6. Claim of Right iii. Disabilities 1. Most statutes give an additional period of time to bring an action if the actor is under a disability. 2. Limits a. Only enumerated disabilities are considered b. Usually only disabilities present at the entry are considered
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