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Creation (2):Characteristics:Details:Possession:
-Discovery
AND
-Control
1.Lost
2.Mislaid
3.Abandoned
(requiresintent of TO)
4.Agency
5.Treasure Trove6.Voidable Title (UCC)
Finder has better claim thananyone other than a true owner orprior possessor
CustomDe Facto PossessionType of industryPublic v. Private
= English
Trover, Detinue, Replevin,Conversion
Rules:
-Finder does not have absolutetitle to the found property, better claim than subsequent possessors-Good faith finder of lost objects on land under lease will prevail in finding of a chattel over landowner-(1) Lost or mislaid, (2) landowner or trespasser or invitee-(a) lost = finder has better claim-(b) mislaid = landowner, created to give landowner a cause of action (
bailment
–
constructive possession)
-(c) abandoned = finder always win-(d) treasure trove = finder always wins; shipwreck = finder wins, but landowner has claim over-
Jus Tertii Rule
–
TP proves that finder does not have claim to deny finder-
Trespasser, Honesty, Luck, TO’s interest. Generally, protect TO then to finder.
-Most states have legislation to deal with these types of issues
Personal Property:
Finders
–
Possession
Creation (2):Characteristics:Details:1) Kill2) Capture
3) Mortally Wound +
Reasonable Pros.Capture4) Pursuit + R P Capture
(
Livingston rule)
WildAnimals (
Ferae
Naturae
):
-Not possessed, no priorpossessors
Domestic Animals (
AnimusRevertendi
)-Owned
Careful of a “branded” or
known animalLook for mark of ownership todetermine whetherwild or domestic andargue policy
Rules:
•
Mere Pusuit
= not enough
•
Ratione Soli =
landowner has constructive possession of wild animals on land ,
•
Policy
–
if domesticated
•
ECONOMIC NUISANCE
–
Keeble
case
Personal Property:
Animals
Creation (2):Characteristics:Issues:
-
Present Intent
-(a)intent to transfer titleat present time-(b) clear at delivery
-
Clear Delivery
-Actual-Constructive-Symbolic
-
Acceptance
(presumed)
InterVivos
–
•
Irrevocable
•
Must show present intent
•
Present Possession (LE/FI)
Causa Mortis
•
Contemplation of death
•
Death must be imminent
•
Revocable
Testamentary
•
Given through wills
•
Written + 2 witnesses
Constructive v. SymbolicLooking for present intentTestamentary =
giving futureintent
Life Estate
–
if conditional thenmay be a gift, question over the
intent
Rules:
Personal Property:
Gifts
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