Priority of Possession

Personal Property
Possession First in Time, First in Right

This is due to the lack Although multiple people may claim

Constructive of titles in chattels, and possession of an object, the person who
(1)
Actual Possession Possession potential abuse of had it first will succeed (unless he
or transfered his interest)
-Physical possession - Actual control, no might makes right.
physical poss.
Landowners who have lived on a
property qualify for past possession of
Eads v. Brazelton - Wreck of
things found in the house; but absentee
(2) the S.S. America. He who
Intent to Possess landlords do not.
has the present ability and
Possessor intends to exclude all the world in
intent to possess, will be
his enjoyment Hannah v. Peel
considered to have done so.

Breaking Bona Fide Purchaser (Equit. Estoppel) Entrustments (Stat. Estoppel) Adverse Possession
Chain of UCC 2-403(1) UCC 2-403(2)
Possession When right of replevin expires. Replevin does
(1) Purchased for FMV; Goods entrusted to merchant of not run until true owner has KNOWLEDGE of
- How can a (2) Honest belief in titel; goods of that kind gives him the current wherabouts of chattel
true owner be (3) No circumstances to the contrary. FULL POWER to transfer title to
cut off by a any comers. CAHONES
wrongful NOTE: Only voidable titles can pass this way -Continuous
conveaynce? -> titles acquired by fraud. Because innocent party should -Actual
Striaght up stolen shit does not qualify. have no reason to think a jewel -Hostile
True owner may sue for TROVER store is doing illegal shit -Open & Notorious

General Rule of Finders: " The finder of LOST articles, even when they are found on the property, in the
building, or with the effects of third persons, is the owner thereof against all the world except the true owner."

Exceptions: Not all mislocated property is lost, and not all lost property may be found by any person on the land.

The law of finders is

rooted in assumptions of
Lost Mislaid Abandoned
the owner's intent, based
on where it was located.

TO unintentionally dispossessed; TO intentionally left item, but

TO intentionally abandoned.
Definition never meant to separate. UNINTENTIONALLY forgot to pick it back up
TO has no intent to repossess.
(Core Assumption of Intent to repossess. Intent to Repossess
Intent)
Some shipwrecks
Items dropped in public places. Things on tables, waiting rooms

1. True Owner
1. True Owner
2. Owner, Locus in Quo
Priority of Possesion 2. Finder 1. Finder
3. Finder
(LIQ not ownership interest)

Because True Owner does not know
where he lost it, and there is a
Logic preference to use property, no
subsequent finder has better chance
of finding TO. Finder gets.
Finder must NOT:
Because True Owner intentionally placed it
True Owner does not want to keep or
down, s/he knows where it is, and can therefore
sell property. Preference for use.
return to obtain -> ACCIDENTAL BAILMENT.
Therefore finder who wants AND can
constructively claim gets to keep it.
Locus in Quo holds it as bailment.
Cannot be trespassing.

a) Wrongfully be on premises Mere pasage of time insufficient to

Finder has no rights.
Trespassers get no finders right; demonstrate intent to abandon. ->
Pre-Requisites of
NOR Requires some evidential
Finders Owner of Locus in Quo treated as a bailee for
circumstance that there is no intent to
True Owner (bailor)
b) Be under contract of employment or return
servitude/ be on land for limited
purpose. if owner has no ability to obtain, not
yet considered abandoned.
Neither lost, mislaid, nor abandoned? -> TREASURE TROVE
- At common law, goes to the crown.
- Modern rule, follows the law of finders.

Things embedded in the land are considered fixtures, particularly if they got there by an act of nature. Goddard v. Winchell.

Three Elements of Inter

Vivos Gifts
Gifts

Donative Intent Delivery

PLUS PLUS
Acceptance
Mere delivery is not intent. Actual - Physical delivery of tangible personal
Requires clear evidence of property Presumed, because people like to
intent to donate get free things.
Symbolic - When physical delivery is impossible
Law is suspicious of claims that (large and heavy) or impracticable (currently with a Rebuttable presumption; property
people have given away bailee), courts will allow a "substitute" like a written cannot be forced on the unwilling
property for free. promise or otherwise to suffice for delivery

Constructive - Property not itself transferred, but

something controlling access to it is. For example,
giving away the keys to a car or safe deposit box.
Constructively grants access.

Gifts Causa Mortis Gifts Causa Morits

2 Preliminary Conditions
(1) In view of immediate death
- Donor is giving away as a
pre-testamentary distribution of property
in view of immediately impending death
(2) Competency of Donor
- Donor must be legally compentent in
order to manifest an intent to donate.
1. Made in view of imminent
death;
2. Donor is competent;
3. Delivery
4. Acceptance.
5. Death of Donor
not complete until donor
dies; if donor survives no
interest has transferred
Conditional Gifts
Beyond acceptance, require an
additional condition to acquire
Gifts Causa Mortis
ownership.
Donor must die after
Split in Authority on Wedding Rings.
acceptance to complete the
Some call them conditional gifts,
deal.
others consider them regular gifts in
want of affection (which are complete
at acceptance).