Week 1 - Real vs. Personal Property & Finders

All property is either…

real or personal

What is real property?

Property which owner could obtain specific relief

What is specific relief?

Right to get the thing back from a wrongful possessor
- also called action in rem/real action

What relief was available for personal property?

“personal” actions to recover damages

How did old property law real and personal property?

based on court remedies, now outdated

What are the modern definitions of real and personal property?

Real property means rights tied to land.

Personal property covers movable items or non-land intangibles

When does property exist?

when there is availability of remedy, have right to exclude others from your “thing”

What did Black Hills Institute v. South Dakota School of Mines say about property found on federal land?

Facts

Researchers found "Sue," embedded in Williams land, U.S. held in trust for Williams, researchers excavated it after paying Williams $5,000 without federal approval, then government seized fossil.

Rule of Law

Sue part of the ranch's earth for long time, making it "land" (embedded) under state/federal law. Natural resources embedded in Indian trust land remain trust property even after severance (selling part of property); beneficial owners can't sell without federal approval.

Can property shift categories?

Yes, can shift from real to personal or vice versa

Ex: Sue Dino becoming part of land to personalty

What did Armory v. Delamirie discuss about stealing from a finder?

Facts

A chimney boy found a valuable jewel socket, took it to goldsmith to verify. The apprentice secretly removed the stones, told the master it was worth low amount, and offered that sum.

Rule of Law

Finders of lost property have rights superior to subsequent possessors (except true owner) and can sue; thief must pay for full value

What did Bridges v. Hawkesworth say about finder vs owner of property that thing was found?

Facts

P visited store. As he left, he spotted a parcel of money on the floor, and informed D. D advertised for the owner; after years with no claimant, P offered to cover ad costs and take back money but D refused to hand them over.

Key takeaway

Customer trumps shopkeeper: "Finder's keepers" applies even inside public stores for truly lost items; shop owner gets no automatic dibs.

Why was the South Staffordshire Water Co. v. Sharman case different from the Bridges case in regards to where thing was found?

Facts

P hired D to clean out private Pool. D found gold rings in mud. P refused to surrender them

Rule of Law

Private landowner constructively possesses all items on/under/attached to their land unlike public shops, regardless of prior awareness—employee finders get nothing.

Why Hannah v. Peel the finder was able to keep the thing despite it being found on private property?

Facts

P was in D’s unoccupied house. Adjusting curtains, dirty brooch dropped. P turned it over to police; no owner found after years. Police gave it to D who sold it. P demanded it back.

Rule of Law

Landowners constructively possess attached/buried items on land but not loose, lost surface items over which they exercise no actual control—finders win those.

Why Corliss v. Wenner did not count the gold coins as “treasure trove”

Facts

While P building driveway, found jar of gold coins buried in D’s ranch. They split ownership but fought for everything; P sued for his share.

Rule of Law

Intentionally buried valuables are embedded/mislaid property—landowner possesses against finders/contractors.

Is that claim that buried treasure belongs to whoever finds it, regardless of whose land it's on true?

No, landowners win embedded/mislaid buried valuables like coins over finders or trespassers. Even old English treasure trove went to the Crown

What are the 5 categories of property?

1. Abandoned Property

2. Lost Property

3. Mislaid Property

4. Treasure Trove

5. Embedded Property

What is abandoned property and who has rights to it?

owner has discarded with the intention of terminating ownership, but didn’t transfer ownership. Finder has rights except owner.

What is lost property and who has rights to it?

property which the owner has involuntarily parted with and does not know the whereabouts; Finder has rights except owner.

What is mislaid property and what must the finder do with it?

owner has intentionally set down in a place where he can again find, and then forgets where he put it; Finder required to turn to owner of premises who has duty to safeguard property for true owner

What is treasure trove and who has rights to it?

category exclusively for gold or silver items and sometimes its paper money equivalents, found concealed in the earth or private place. Assumption of antique (long concealment). Finder has rights except true owner.

What is embedded property and who has rights to property?

personal property which has become a part of the earth, such as pottery, fossils, or sunken wreck. Embedded property goes to owner of the land

Which category of property requires a element of involuntariness?

Lost property