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Unformatted text preview: Property I Outline TA’s Maegan Richards [email protected] (904) 294-0485 Ray Williams [email protected] (904) 851-9015? KNOW THE PROBLEMS FOR CLASS!! Final Exam – Mostly Essay!! – his example in class was a marital property ? Issues: 1) Homestead a. actual physical residency b. intent to reside 2) Can Jack convey the homestead to the children? know the law in Fl. a. minor children get house as tenants in common-- since has minor children, then he can’t convey it, b/c the law does not allow…. but the result is the same, the children still get the house 3) Marital rights in property KNOW A LOT OF FLORIDA LAW I. Overview of Property Possession is the seizing or holding of personal property, w/ or w/o a claim of ownership. It has 2 elements: 1) an intent to possess on the part of the possessor, and 2) his or her actual seizure or holding of the property (control is key) a. What is needed for possession? Even though possession could be defined diff. upon certain circumstances it must have at least: i. physical control – element ii. intent to control – element--- But, there is no actual definition – Property is a bundle of sticks b. ROL == Must have absolute possession – i. b/c could wrap your arms around bb and ii. that is the custom and practices, c. But an exception is Pre-possessory interests – b/c of public policy i. (Gray’s rule has this exception) - Where an actor undertakes significant but incomplete steps to achieve possession of a piece of abandoned personal property and the effort is interrupted by the unlawful acts of others, the actor has legally cognizable pre-possessory interest in the property. That pre- possessory interest constitutes a qualified right to possession which can support a COA 4 conversion. – So in this case, Popov had a pre-possessory interest, but then again, Hayashi did not do anything bad, so the courts split it, since could not play one against the other, so they both had a COA - Popov v. Hayashi • Conversion = ii. The wrongful iii. exercise of dominion iv. over the property of another (must show ownership) - (in this case, this element is lacking, b/c we do not know if it belonged to Popov) 1 • Chattel = personal property • Trespass to Chattel = v. Personal property of another vi. Damaged or interfered d. 3 types of property i. Real property = real estate ii. Personal property = tangible = clothes, cars iii. Intangible personal property = bank accounts, proceeds etc. e. 2 types of Remedies i. Legal - actual money damages ii. Equitable – injunctions, specific performance 1) Premise - ball was owned by MLB 2) Premise - at time it was hit, it became abandoned property, 3) Conclusion – the first person that had contact w/ the ball, is the one who possesses it • Constructive = means creating a legal fiction that there was an actual eviction / possession etc, when there actually was not f. Property could be: -- (this is what he means when he says “Property is a bundle of rights”)...
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- Spring '02
- Fee simple, Property Possession