Pers. Prop.

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Define personal property versus real property?: Real property is IMMOVABLE and consists of land and fixtures.

Personal property is MOVEABLE and is anything that is not real property.
What is a lease of land considered?: Personal property...specifically
chattels.
In terms of crops, what types are there and what's the significance?: Fructus naturales - naturally occurring on the land, and therefore part of the real property (a conveyance would included these)

Fructus industriales - human added to the land, therefore are personal property.
What is the concept of fixtures? Factors involved in analysis...: Item affixed to the property become part of the real property. Factors include:

1) permanency
2) whether it is necessary for full use of the property
3) intent to make permanent.

note: rebutable presumption they are personalty, not true fixtures.
In general, the owner of personal property cannot....: be divested of title with his consent.
What is the controlling factor in determining ownership of personal property?: The INTENT of the parties.
What do you need to asset ownership over personal property?: Actual or constructive dominion or control

+

Intent to own
Wild animals can be converted to personal property, how?: Exercising DOMINION and CONTROL over the animal.

(mere pursuit counts for nothing, but when animal is mortally wounded, he's captured)
How do you assert literary rights?: Copyright protection applies when:

Work must be

1) new
2) concrete in form
3) fixed for more than transition period
What would a celebrity asserts personal property rights over?: Right of publicity: right to control use of his name and personality
Generally, person w/o title cannot convey, even to a BFP. What are the 3 exceptions?: 1) money and negotiable instruments
2) BFP gets goods from someone the owner intended to transfer title
3) BFP good faith reliance on true owner's statements suggesting wrongdoer has title
What result if: owner does not notice watch has fallen off on the street. finder finds it.: Finder entitled to keep against all except true owner.
What result if: O lays his watch on the sink in the hotel and forgets to pick it up. Finder finds it.: Finder has no rights. Owner might return looking for it.
O throws his watch in garbage can b/c its battery will cost too much to replace?: Finder is new owner, gets title and possession if he

1) exercises CONTROL
2) INTENDS to own
What can an employer asserts rights over what an employee found?: When employer directed employee to act, and as result of such act, the item is found.
What is a quasi-bailee? What are his duties?: person who finds property, and has possessory rights against all except to owner. During time he holds it, he is quasi-bailee for true owner.

Duty of due care and reasonable attempt to located true owner.
What is accession? How does it effect ownership of personal property?: Improving the property through labor or materials.

True owner retains title.

*innocent trespasser will be able to take it after improvements, but owner can sue for damages.
What happens when goods of multiple parties are all mixed together?: This is called CONFUSION.

Tenants in common if goods are of same kind and quality and all know their contribution. Share pro-rata

If unknown contribution, tenants in commons share equally.

Wrongful confusion, wrongdoer mostly likely loses title.
What's VA's SOL for Adverse Possession? What are AP requirements? Is tacking permissible?: 5 years (title passes after 5)

actual
open & notorious
hostile
exclusive
continuous

Yes, tacking is permissible.
A BFP isn't protected if he purchases stolen goods. True owner can repossess....unless?: Statute of limitations has run.
What are the three remedies for one who is deprived of possessory rights to chattel?: Detinue - suing for repossession

Trespass - suing for damages that are result of dispossession

Trover - suing for value of chattel and damages (most bang for the buck!)
When should an owner sue for conversion?: When property is mis-handled, wrongfully dealt with, or damaged.
What's the theory of conversion, in terms of what the wrongdoer has done?: Wrongdoer, by her act of conversion, has "purchased the chattel." Court will force the sale of the chattel using the value of it on the date of conversion.

(again...in a trover suit)
Define gift.: Voluntary transfer of property w/o any consideration.
Distinguish a gift and a gratuitous promise.: Gift is actually made, is binding and cannot be withdrawn by a donor.

Gratuitous promise is a promise to give something in the future. It is not binding b/c it lacks consideration.
What does a inter vivos gift require?: intent

delivery

acceptance
What happens if a donor intends to immediately vest title in the donee, but reserves right to possess the item? Is this a valid gift?: Yes, effective as a gift.
What are the different methods of delivery of a gift?: actual

constructive

symbolic
Examples of delivery for actual, constructive and symbolic...which is which? X hands Y a pearl necklace X writes on a piece of paper saying he is giving the pearl necklace to Y X intending to give to Y a pearl necklace, gives Y a sli: Actual

Symbolic
X, who has lent a painting to an art museum, write to the curator stating that the museum may keep the painting as a gift. Has delivery occurred, and why?: Yes. Delivery has occurred. Donee need not return the item for redelivery. Donor's intent is clear.
Gift through agent...what's the rule for when the gift is effective?: If agent if donee's agent, effective when gift is given to the agent.

If agent is donor's agent, effective when the agent delivers to the donee.

(always ask who controls the agent)
What is a bailment, and what are the elements?: Relationship where the owner transfers possession of the property to another person, bailee, for a certain purpose.

Elements:

custody
intent to control
knowledge of its presence
Bailment vs. Sale: Loook to whether there is an obligation to return the specific item in the same or altered form; if no obligation to restore the article, title to the property is changed
If a bailee takes possession of an item that CONCEALS another valuable item, no bailment as to the concealed item. Why?: Bailee did not intend to take CONTROL of the concealed item.
What rights does the bailee have in the chattel?: Possession, even against the true owner (assuming he's acting within terms of bailment)
Does bailee have a right to use the property?: Generally, no. Bailee may be liable for unauthorized use that results is loss/damage.
What action would the bailor maintain when the goods have been lost or damaged by acts of bailee?: Detinue

or

conversion

(tort or contract)
IF a bailment is established, what are bailee's duties?: Due care. It's all about the FAULT. If bailee is at fault, loss on him. If no fault, loss on bailor.

Duty also depends on who is benefiting from the bailment. If bailor if mostly benefiting, duty is lower for bailee. If bailee is the one benefiting, higher duty of care, and slight negligence is a problem.
What is treasure trove?: any gold or silver found concealed, where the owner is unknown.

Generally, treasure trove is treated as a finder, where finder has possessory rights against all except true owner. Modern trend is the treasure trove is lost property, and constructive possession applies. Owner of land owns all that lies beneath, including right to possess coins.
Misland vs. lost property...: Finder of mislaid property doesn't get rights to possession. Owner of the locus in quo is entitled to possess the property.
What is Locus In Quo?: The place in which the property was found.
What are the three duties of care a bailee may owe? When are they applied?: Slight diligence (the least) - if bailment only benefits bailor

Ordinary care - all parties benefit (someone pays someone)

Great diligence - bailee benefits (X lends car to Y freely)
Common Carrier - what is it? What's the liability of the common carrier?: Common Carrier = 1) holding out to perform a service 2) for hire, and for 3) carriage.

Common carrier is an insurer of goods, and is LIABLE FOR LOSS UNDER ANY CIRCUMSTANCE, unless totally unforeseeable.

(liability begins when carrier gets goods)
If a bailee receives no compensation, the bailment must be for sole benefit of bailor. So, what duty of care does the bailee owe in this situation?: Slight care...unless he was grossly negligent, he's not liable. for any loss.

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Deck Info

Number of cards 44

Created By jselway