P had a legal right to exclude the D from crossing their land)(State -)Chapter 2Subsequent Possession: Acquisition of Property by Find, Adverse Possession, & GiftA. Find(Armory, Hannah, McAvoy)1. General Rule: The finder of a lost article is entitled to possession against the whole world, except the true owner or first possessor and if anyone converts that 3
property they are liable for conversion. However a finder of mislaid property acquires no right’s in mislaid property.a. trover- recovery of damages for conversion of personal property, generally measured by the fair market value of the propertyb.replevin- return of personal property.c. bailments- is the rightful possession of goods by a person, one who is not the owner.d. bailee- the person holding the goods, by virtue of his possession owes a duty of care to the bailor (the owner).2. Three types of found property:a. mislaid- D has right to purse against P, but no original right. Since the purse was mislaid the P is not entitled to recover the sum of money in the purse.b. lost- P entitled to lost jewel that he found =Amoryc. abandoned- P found a brooch on D land, but was entitled to it against the D, regardless of where it was found.3. voluntary bailment- courts usually bar an action by the true owner against the present possessor if the bailee has recovered from the present possessor.4. involuntary bailment- situation in which the “bailee” does not affirmatively desire to control the object, but has it thrust upon him.5. common law- state and case law combinedB.Adverse Possession1.Theory & Elements of Adverse Possession(VanValkenburg)a. General Rule: To acquire title to property by adverse possession the occupation must be:(1) an actual entry giving exclusive possession(2) open and notorious(3) hostile and under claim of title(4) continuous for the statutory periodb.State of mind of the Adverse Possessor4
(1)Objective- “State of mind is irrelevant” Once there is an entry against the owner, she has c/o/a.(2)Good Faith-“I thought I owned it.”(3)Aggressive trespasser-“I thought I didn’t own it, but I intended to make it mine.”c. Property rules and Liability rulesproperty rules-when a property interest is protected by a property rule; the interest cannot be taken from its owner w/o owners consent; all transfers are voluntary liability rules-property interest is protected by liability rule, the interest can be taken w/o owners consent but only upon payment of judicially determined damages; transfers are forced.The A.P. Doctrineprotects (1) owners interest with a property rule before the statute of limitations has run, then (2) the adverse possessor’s interest with a property rule after the statute has expired. c.Color of title- a claim founded on a written instrument (deed, will or judicial decree) that is for some reason defective and invalid.