P had a legal right to exclude the D from crossing their land State Chapter 2

P had a legal right to exclude the d from crossing

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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 3
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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 4
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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.
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  • Fall '08
  • lew
  • Fee simple, Real property law, Future interest

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