Property Fall 2025

Abandoned Property

Property the owner intentionally gives up all rights to with no intention of reclaiming it. Typically, this includes personal belongings or real estate that has been left unoccupied for a certain period.

Accession

The acquisition of title to personal property by means of adding to it or improving it in such a way that the original property is not lost, the right to all that one’s property produces, either naturally or by labor or artificial means.

Acquiescence

To sit by and allow something to happen

Assumpsit

“He has overtaken.” Common law action for recovering damages for the nonperformance of a promise or agreement.

Bailment

Rightful possession of goods (personal property) by a person (the bailee) who is not the owner. Modern view of the law treats both the bailee and the bailor with ordinary negligence. Ex. jeweler taking temporary possession of a ring

Elements:

1.) Delivery

2.) Intent (Expressed and Implied)

3.) Possession

B.F.P (Bonafide Purchaser)r

A person who:

1.) Purchases property for valuable consideration

2.) Does so in good faith, and

3.) Without notice of any other claim, lien, or defect in the title

Case of First Impression

A court’s first time seeing a case of this nature

Causa Mortis

Gift made in contemplation of donor’s death. This gift is only valid if the donor actually dies from the illness or danger they were facing, and if there was a delivery of the gift. Revocable

Caveat Emptor

“Buyer Beware.” Buyer has responsibility to inspect and judge quality of land

Caveat Lessee

“Let the tenant beware.” Once a lease was signed a possession delivered, the landlord had no duty to repair, maintain, or ensure the premises were fit for use

Exception: Latent Defects, Short-term furnished dwellings (implied warranty of habitability)

Color of Title

Looks effective on its face, but is actually defective on closer look (Deed)

Commercially Reasonable

Whether it makes sense according to objective, commercial fact; not based on taste or bias

Consideration

Value that each party gives up, or promises to give up, in echange for the other person’s promise

Constructive Possession

In appropriate cases, courts will allow a claimant who possesses only part of a parcel to claim constructive possession of the remaining portion of the parcel, but only where the claimant is in possession under color of title

Conveyance

Transferring property from one person to another

Conveyance Theory

A lease is a transfer of a property interest from landlord to tenant, governed by property law

Crux of the Matter

The most important part

D.B.A

“Doing business as.” Legal shorthand that means a person or company is operating under a trade name that is different from their official, legal name

De novo

“Do it over again, anew.” Starting over in accordance with a higher court ruling as if the earlier decision or record never happened

Desert-based Theory

A person is entitled to something because of their moral worth, effort, contribution, or merit. Ownership is justified as a reward for productive activity.

Detinue

An action to recover property that was wrongfully detained (or its value)

Discovery Rule

A cause of action that will not accrue until the injured party discovers, or by reasonable intelligence and diligence should have discovered, facts which form the basis of a cause of action

Dissesin

The adverse possessor

Disseisin by Oral Disclaimer

Letting someone know orally that you are about to usurp possession from them

Donatio Mortis Causa

A death-bed gift

Empirical

Assuming w/ no evidence. Assumes that if you do X then Y will happen as a result; a causal relationship

Ferae Naturae

Wild animal, no one has legal claim to them as their property

Gift

A voluntary transfer of property from a donor to a donee, without consideration

Hot Pursuit

Pursuit with a reasonable prospect of capture. Form of constructive possession.

Implead

Bringing someone into a contract

Impracticable

Cannot be done without great inconvenience (Great expense to remove). Reasonable excuse for inaction.

In extremis

Close to death, dying

Injunction

Preventing someone from doing something

Inter vivos

Between the living; Transferring something to someone while both parties are alive, irrevocable

Intestate

Dying with no will

Landlord

The person or entity that owns property and leases it out to a tenant in exchange for rent or other consideration. (E.G: Overlord)

Latent Defect

Not obvious under a reasonable inspection

Locus in Quo

Place where the possession was found

Mark of Prior Appropriation

An element that lets you know that someone has ownership

Ex. An elephant in Downtown

Non Obstante Veredicto

Judgement notwithstanding verdict, a practice whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict

Novation

Express release from obligations. Only given when one defendant is much wealthier

Nullum Tempus Occurit Regis

No time Runs against the King. Government-owned property is exempt from losing its rights to property by adverse possession

Official Referee

A person appointed to handle specific legal matters. They assist in the judicial process by conducting hearings, making recommendations, and ensuring efficient case management. Appointed based on specialization.

Patent Defect

Obvious under a reasonable inspection

Peaceable

The absence of situations that are likely to cause a breach of the peace

Plenary Trial

A trial that allows for full investigation. Including: legal arguments, evidence, witness testimony

Presumption of Notice

The law will assume a person knew or should have known something, based on the circumstances, even if they deny actual knowledge

Prima Facie

A plaintiff’s case has sufficient enough evidence on each legal element to make a claim, duty shifts to defendant

Property

Rights among people that concern things. Consists of a bundle of rights.

Property Easement

Right to cross into someone’s property

Property License

Right to use land for a period of time

Property Profit

Right to come on and take off chattel for profit (Repossession)

Provenance

List of ownership

Quiet Possession

No one will interfere with the lessees enjoyment of the land

Ratione Soli

On account of soil, you own everything on the soil, under, in it,  and over it within reason. Includes animals that run across land (right of first possession), does not include minerals

Replevin

Damages awarded in the form of return of the possession

Riparian Rights

Legal rights of landowner for reasonable use of body of water

Seisery

Ownership of a freehold estate, informal way of claiming land. Eliminated in favor of deeds.

Stare Decises

Principle that precedent determines case rulings based on cases with similar facts

Tenant

One who holds a possessory estate in land for a determined period or at the will of or permission of another

Tenant at Will

As long as both parties consent to staying or allowing tenant to stay, the tenant would be a tenant at will, notice on either side must be given.

Theory of Agency

An agent of the principle (employer) generally on their behalf

Trespass on the Case

(Old Common Law) Common law for recovery of damages. Applied when someone suffered harm indirectly from another’s actions, rather than by immediate force

Trover

Damages awarded in the form of monetary damages

Vel Non

Whether something exists or not

Voidable Title

Ownership that looks valid but can be undone - unless the goods are passed to an innocent good faith purchaser

Elements of Possession

Exercising control or dominion over a thing, controlling or holding of personal property with or without a claim of ownership. First in time, first in right.

Elements:

1.) Intent to possess on part of the possessor

2.) Actual dominion and control of the property (Occupancy)

How to determine First in Time?

In an example for claim to a seat. A jacket is thrown on a seat, strongest claim because they are the first to physically touch seat. Society knows that if they see jacket on chair, it is taken. Best recognized for claiming ownership of chair because it is easier to police.

Relativity of Title

The idea that a person may have a superior title to one person as well as an inferior title to another.

Law of Accession

When one person adds something to another person’s property then the owner still has ownership of the property, they have original claim to the materials and the finished product.

• Courts generally award “final product” to the owner of the raw materials unless:

  • A’s efforts have sufficiently increased the value of the property and

  • Did not act willfully (Good faith)

Elements of Rule of Capture/First Possession (Pierson v. Post)

To gain possession of a ferae naturae, actually killing or physically catching or mortally wounding the animal while not abandoning pursuit so as to deprive the animal of it natural liberty gives a person a superior right over a passerby

Element:

1.) Killing it or

2.) Mortally wounding it and following up the chase or

3.) Depriving it of its natural freedom

Pierson v. Post (1805)

FACTS: Post was hunting a wild fox on unowned land. Pierson saw the case, killed the fox, and took it away. Post sued, Pierson claiming he had a right to the fox because he was pursuing it.

HOLDING: Mere pursuit does not constitute the exercise of dominion and control to give a person a superior right. Actual seizing or killing does.

• EXCEPTION: Rationale Soli

Animus Revertendi

Ferae naturae that has a habit of returning. Still ferae naturae, because it is still wild.

Acquisition by Find (Armory v. Delamirie, Hannah v. Peel, McAvoy v. Medina)

A person who finds a chattel does not possess an absolute property right, but a right above that of anyone else. Only the true owner has a better right than the finder.

Real Property

Land and improvements attached to land

Moveable Property

Property that is moveable by a normal human

Subsequent Possession

Possession of something despite having previously been owned by someone else is also sometimes the case

Finder’s Chart Common Law: Lost

Unintentionally parted with, with intention to reclaim but the owner has no idea where they left it or where to look for it. Goes to finder with a duty to find true owner.

Finder’s Chart Common Law: Misplaced

Intentional parting with possession and the owner intents to pick it up right back but doesn’t do it. Awarded to locus in quo until a certain period of time, then goes to finder.

Finder’s Chart Common Law: Abandoned

Intentional parting of possession with no intent to reclaim. It is given to the first person who reduces it to possession. Awarded to first to reduce it to possession.

Elements of Treasure Trove

1.) Intent to part

2.) Intent to reclaim

3.) Object of objective value

4.) Evidence of an intent to hide

5.) Evidence of the passing of a significant amount of time

Finder’s Chart Common Law: Treasure Trove

Anything of objective value, with intent to hide, and sufficient passage of time. There is no legal obligation to look for real owner. Awarded to locus in quo

Modern Law for Finder’s Chart

Everything is considered lost. Goes to finder, unless wrongdoer, but the finder has a duty to use reasonable diligence to find owner.

Armory v. Delamirie (1722)

FACTS: Chimney boy finds a jewel in a socket. He took it to a jeweler to look it over, but the clerk wouldn’t return it. Chimney boy sued.

HOLDING: Chimney boy had superior title compared to the jeweler

RULE: Finder has title that’s good against the whole world except the true owner

Hannah v. Peel (1945)

FACTS: Hannah found a brooch in Peel’s manor and asked for it back after Hannah had turned it over to the police for 2 years while they were waiting for the true owner to reclaim it.

HOLDING: Homeowner does not have superior title since he was not aware of the brooch’s existence.

Modern Law: The law no longer recognizes treasure trove, instead treating property as lost, mislaid, or abandoned

McAvoy v. Medina (1866)

FACTS: Customer finds a pocketbook on a table of the barbershop. He shows it to the owner, he gives it to the owner, but the true owner never came back. Customer came back to get it, but owner refused to give it back

HOLDING: The pocketbook was misplaced, which means it goes to the owner of the locus in quo.

RULE: An object that is found by a finder on a table located in owner’s shop, is characterized as mislaid and should be awarded to the owner of the locus in quo to hold for the return of the true owner.

Adverse Possession of Land

Functions as a method of transferring interests in and without the consent of the land owner when the running of a statute of limitations expires

Elements of Adverse Possession

1.) Any entry that is actual

2.) Exclusive Possession

3.) Open and Notorious

4.) Continuous for statutory period, and

5.) Adverse and Hostile (Improvement)

Objective Test (Connecticut Doctrine)

The adverse possessor’s state of mind is irrelevant. Actions of the possessor determine if there is a claim of right

Subjective Test (Good Faith Approach)

State of mind is relevant. Adverse possessor must have had a bona fide or good faith belief that they have title to the land.

Aggressive Trespass Standard (Maine Doctrine)

I thought I didn’t own it, but I intended to make it mine

Ways of Losing Continuity

1.) True owner asserts title before the adverse possessor ripens into title

2.) The adverse possessor voluntarily reliquishes possession with no intent to return - subject to tacking and disability

Elements of Privity

1.) Mutual interest in the same land at the same time

2.) Successive transfer one after another. It should be direct without interruption by another person; AND

3.) Voluntary transfer from one party to another

Claim of Title

Actual possession and intent to stay and defend

Claim of Right

Expression of Hostility and Adversity

Van Valkenburgh v. Lutz

FACTS: Lutz uses a triangular piece of land for over 30 years. He built various things on the property, but eventually it’s owned by Van Valkenburgh. Van Valkenburgh wished to eject Lutz, but Lutz counterclaimed adverse possession

HOLDING: No, lutz did not acquire title by AP (Dissenting disagrees)

Mannillo v. Gorski

FACTS: Gorski mistakenly built concrete steps that encroached 15 inches onto Mannillo’s adjoining property, and both parties were unaware of the encroachment for many years.

HOLDING: No, a minor encroachment onto a neighbor’s land is not “open and notorious” for adverse possession unless the true owner had actual or constructive notice of the encroachment

Doctrine of Agreed Boundaries

Whether neither party knows the real boundary but they mutually agree to boundary lines. That agreement is enforceable between each other but not enforceable against successors unless reduced to writing and recording

Elements of Agreed Boundaries

1.) The parties are uncertain as to the location of true boundary line,

2.) The parties enter into an agreement fixing a particular line or monument as the boundary line,

3.) The parties acquiesce in that line as the boundary line for a period equal to or exceeding the statute of limitations

Doctrine of Acquiescence

If for long enough time it may serve as evidence of an oral agreement