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Unformatted text preview: Property Outline Chapter 1: Property, Possession and Ownership • THE CONCEPT OF PROPERTY o Property: A bundle of rights or expectations in a tangible or intangible thing that are enforceable against third parties, including the government May consist of some or all of the following: • Right to possess • Right to use • Right to exclude • Right to alientate • Etc. • POSSESSION AND OWNERSHIP o Judicial Remedies for Protection of Property In specie remedies = recovery of the property itself Detinue = action to recover property wrongfully taken by another Damages = money Replevin = action to recover chattels in specie or damages if chattels had been wrongfully disposed of o Property Rights Based on Possession Possession • Physcial dominion • Intent to exclude others • Generally requires an awareness of the property Rights of possessors • A possessor has a protectable interest in the property, whether or not that interest is better than someone else’s (such as the true owner) o Ex: a man goes onto land that isn’t his and starts farming; flooding caused by the city ruins the land; the man is entitled to proceeds from inverse condemnation • General rule: “First in line, first in right” Wild animals • Possession determined by physical control o Must be actually captured or mortally wounded so that capture is substantially certain • Pierson v. Post – dominion better title than pursuit Constructive possession • Possession of land carries an assumption that it includes anything on the land – an awareness of the property isn’t required • Embedded property o Majority: includes property embedded in the land o Minority: includes property lying on top of the land Custody • Custody does not give title to the possessor • Ex: An employee who has possession of his employer’s truck cannot sell the truck Found Property Laws • Court’s goal – facilitate the return of the property to the rightful owner 1 • Lost Property – owner unintentionally loses the property o Finder gets it against all but the true owner Ganter v. Kapiloff o Constructive possession Majority: The finder is the rightful owner Minority: The owner of the land is the rightful owner • Pros: easier to find the rightful owner • Cons: less incentive for finder to report o Servant-master rule If a person finds lost property while working, the property belongs to his employer Exception: an independent contractor (or another non- employee) gets to keep any lost property he finds while working o Public place The finder gets it and not the owner of the land • Mislaid Property – owner intentionally places the property somewhere, then forgets where he put it o The owner of the locus in quo gets it against all but the true owner Benjamin v. Lindner Aviation (owner of the plane where money was found) In Re Seizure (innocent owners of car where money was found) • Abandoned Property –...
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- Spring '04
- Law, Land, Deed, Real property law