P had a legal right to exclude the d from crossing

P had a legal right to exclude the D from crossing their land)
( State -)
Chapter 2
Subsequent Possession: Acquisition of Property by Find, Adverse Possession, & Gift
A. 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
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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 property
b. 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 =Amory
c. 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 combined
B. Adverse Possession
1. 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 period
b. State of mind of the Adverse Possessor
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(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 rules
property 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. Doctrine protects (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.