Airspace & Subsurface Rights, Owning Personal Property, & Adverse Possession of Chattels

Property Law Final

Airspace rights

Case:

• United States v. Causby

Subsurface rights

Cases:

• Chance v. BP Chemicals, Inc.

Four categories of “found” chattels

1. Lost property

2. Mislaid property

3. Abandoned property

4. Treasure trove

Lost property

Property is lost when the owner unintentionally and involuntarily parts with it

Mislaid property

Property is mislaid when the owner voluntarily and knowingly places it somewhere, but then unintentionally forgets it

Abandoned property

Property is abandoned when the owner knowingly relinquishes all right, title, and interests to it

Finders cases

• Armory v, Delamirie

• Hannah v. Peel

• McAvoy v. Medina

• Benjamin v. Lindner Aviation, Inc.

Adverse Possession of Chattels

Open and notorious expectation is more lenient for the person who owns the property because chattels can be moved, therefore it can be harder to know if the chattel is missing or being used by someone else

Adverse Possession of Chattels Case:

• Reynolds v. Bagwell

Inter Vivos Gift

The ordinary gift of personal property that one living person makes to another

• Gruen v. Gruen

Elements Inter Vivos Gift

1. Donative intent

2. Delivery

3. Acceptance

Donative intent

The donor must intend to make an immediate transfer of property

Delivery

The property must be delivered to the donee, so that the donor parts with dominion and control

Acceptance

The donee must accept the property-although acceptance of a valuable item is usually

Gift Causa Mortis

A igft of personal property made by a living person in contemplation of death

• In re Estate of Oaks