Property Dictionary/Rules

Property Definitions

Lockean Labor Theory

a person gains ownership of something by mixing their labor with a naturally occurring resource

Primary Acquisition

Acquiring a resource that has never been owned by someone else.

Personal Property

Tangible and movable

First in time

The person who finds the property has a claim of ownership that is absolute except with regard to the true owner

Doctrine of Discovery

The first nation that sites a terra nullius is the owner so long as they make an effective occupation (seize/take/possess) within a reasonable amount of time. For America: it is the euro nation that discovered the terra nullius first gets the exclusive right to either bargain or conquer the native Americans. Must make an effective occupation (seize/take/possess)

Terra nullius

Land of no one

Ferae naturae

Wild animal

Occupancy of Animal ferae naturae

The actual corporeal possession of them

Capture of a wild animal once it leaves your private property

If a wild animal escapes, it's no longer the captor's property unless: 1) the animal has animus revertendi (spirit of returning); AND 2) the captor put the world on constructive notice that it belongs to someone else.

Depriving Animal of Natural Liberty

Alter its natural state

Animus Rivertendi

Spirit of returning

Ejectment

An action to recover real property in wrongful possession from someone else

Fugitive resource

Anything in the commons that is moving (i.e., oil, water, whales, foxes, minerals?)

Capture of a Fugitive Resource

Must: 1) show unequivocal intention to take it; 2) deprive it of its natural liberty (alter natural state); and 3) subject it to your complete and continuous control (did not specify how much control - assumed you must kill it) (Pierson v. Post)

Abandoned property

A property that is voluntarily relinquished with no intent to reclaim it

Constructive notice

Occurs when a reasonable person would infer the property would belong to someone else.

Actual notice

Occurs when the defendant knew the property belonged to someone else

Doctrine of Constructive Possession

An owner of land has constructive possession of everything on it, or above it to a certain degree, and below it, even if they don't know it's there.

Secondary Acquisition

Refers to property that already belongs to someone else, and now a different party is claiming ownership or possession

Lost Property

Property unintentionally left behind, often without knowledge or intention.

Mislaid Property

Property left behind where the owner intended to leave it, but forgot to pick it up.

Abandoned Property

Property that was voluntarily relinquished with no intent to reclaim.

Bailment

A type of relationship where you give someone your property expecting to get it back (temporary custody with attendant responsibilities -- i.e., giving clothes to dry cleaners)

Bailor

The owner of the chattel/good that gives temporary custody of a third party

Bailee

Third party that takes temporary possession

Trover

An action for monetary damages arising from wrongful possession of chattels/personal property ("conversion")

Adverse Possession Layman's Definition

Legalized theft or a wrong that ripens into a right through the passage of time.

Adverse Possession Legal Definition

The involuntary transfer of real (not personal for us) property from original owner to average possessor, so long as the average possessor satisfies all the elements.

Adverse Possession Elements

All must line up simultaneously: 1) Actual entry giving exclusive possession (either by claim of right, color of title (with exceptions), or exclusive possession); 2) Adverse/Hostile Under a Claim of Right; 3) Open and Notorious; 4) Continuous for a statutory period; and 5) Taxes (maybe)

Actual Entry

Enclosing, OR Cultivating or improving in a way that is standard for the area

Color of title

Actual occupation of part of what the writing describes gives the AP constructive possession of the whole property; constructive adverse possession

Color of Title Elements

Refers to a document or deed that appears to transfer title but is defective or invalid. Elements include: 1) Written instrument (AP goes into session under the authority of a deed/will or other written instrument); 2) Written instrument is defective; and 3) Good faith belief that the written instrument is valid (i.e. innocent AP)

Exceptions to Color of Title

1) Actual possession de minimis: One parcel, but large → AP only gets the occupied portion; 2) TO has actual possession of 100% of what AP claims under constructive possession; 3) TO has actual possession of less than 100% of what AP claims under constructive possession; 4) Single Parcel Rule: Multiple parcels → AP only gets the occupied one.

Claim of Right

Requires the adverse possessor to enter the property under a claim of right, meaning they are asserting ownership or legal possession over the property. Puts TO on constructive notice.

Quiet Title Action

A lawsuit an adverse possessor can file to establish legal ownership by removing competing claims

Claim of Title

Defective deed to property + good faith belief that the deed is valid

Open and Notorious

The occupation itself must be visible, not necessarily seen. It must be capable of being seen by the true owner. AP's actions of occupying the land must be in a way that puts the true owner on notice - Judged by how ordinary owners in the area use their land.

Hostile/Adverse

AP lacks permission to be there AND AP intends to act/is acting like TO

Continuous

AP during the entire statutory period

Innocent AP Elements

1) Nonpermissive; 2) Acts with intent to make it theirs; 3) Some jdxs will say that in order to successfully adverse possess, the adverse possessor has to be innocent. (i.e. its not hers, but she thinks it is)

Knowing AP Elements

1) To satisfy the adversity requirement, the adverse possessor must not have permission; 2) In addition, she must intend to make it hers and act like the owner; 3) She must know the property isn't her own

Overwhelming Rule for Adverse/Hostile Under a Claim of Right

AP state of mind irrelevant (Mannillo)

Tacking

Allows different APs to combine their time on the land to meet the statutory period, but only works if there is privity between the possessors (Howard v. Kunto)

Howard v. Kunto

Showed that seasonal use can count as continuous possession

Fee Simple Absolute

Maximum ownership interest in property that one can have. Largest quantity of ownership one can have in property

Words of Purchase

Who gets the property

Words of Limitation

What estate (interest) they get in the property