Possession & Ownership

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Possession & Ownership af Mind Map: Possession & Ownership

1. Key Terms

1.1. Title

1.1.1. Title= Ownership Abstract conceprt To assert ownership confers rights to property Not a concrete concept. TItle is only a written proof of ownership

1.1.2. A person can only convey what they hold title in If title is not valid, the grantee only holds the same invalid claim

1.1.3. Forms of title Void Void Title=no title Voidable Exceptions to the w/o good title, no transfer of title rule True owner may rescind the transaction UCC No vendor can transfer a title better than she has. A person holding voidable title may transfer a good title to a good faith purchaser of value

1.2. Possession

1.2.1. Possession= Occupancy

1.2.2. Some ownership forms will confer a right of possession

1.2.3. Control or holding of personal property w/or w/o a claim of ownership Two Elements Intent to possess Actual Control or Holding

1.3. Actions of Ejectment

1.3.1. Designed to determine the owner of land and to remove those from unlawful possession

1.4. Grantor/Grantee

1.4.1. Grantor The person who is granting the transfer of an interest in land Remote Grantor Subsequent Grantor

1.4.2. Grantee The person who is being granted the interest in land Remote Grantee Subsequent Grantee

1.5. Relativity of Title

1.5.1. As to title, which person would have the better claim

1.6. Bailments

1.6.1. Bailor

1.6.2. Bailee Duty varies w/ degree of reward or benefit to bailee Where benefit is slight, bailee is only liable for gross negligence Where benefit is mutual/equal for both parties, bailee has a higher standard of care, reasonable care under the circumstances Where benefit is to bailee, bailee standard of care rises to the merest neglect or any damage, renders bailee liable.

1.6.3. a transfer and delivery by an owner or prior possessor of possession of property to another The whole purpose in holding possession is often for safekeeping, repair, trnasportation or for some purpose more limited than dealing w/ the object or chattel as would its true owner AND when the return of the object or chattel in the same or substantially the same undamaged condition is contemplated. transfer is for a limited purpose and requires the bailee to redeliver the property to the bailor

1.6.4. Requires delivery of the possession Bailee must accept the delivery, either actually or constructively

1.6.5. the result of a contract or agreement, express or implied, or the conduct of the parties or such combination of agreement and conduct.

1.6.6. Special Situations Pledges A bailment to secure a debt or obligation of the bailor. Transfer of possession need not be to the creditor, but to a third party Park and Lock Parking vehicle in parking garage where the owner must lock and return for vehicle after a period of time Safe Deposit Boxes Renal of the box itself is a bailment Mislaid Property Constructive baillment. The mislaid item being found and returned is a bailment

1.7. Conversion

1.7.1. Tort of using another's property inconsistent with rights of the true owner

1.8. Replevin

1.8.1. Action or remedy to recover the asset itself, W/ $ damages Chosen by the true owner or rightful possessor

1.9. Trover

1.9.1. Action or remedy for monetary compensation for conversion (Forced sale of the property) Chosen by the true owner or rightful possessor

1.10. Delivery

1.10.1. Actual Bailee physically hands property to bailor

1.10.2. Constructive Occurs when gives something of control is transferred (keys to the thing)

1.10.3. Symbolic Occurs when bailor gives the bailee something symbolizing the object of the bailment.

1.11. Good Faith/Bona Fide Purchaser

1.11.1. A good faith or bona fide purchaser is one who buys honestly and without notice of conflicting claim on the property bought, whether or not the purchaser is negligent.

2. Theory of First Occupancy

2.1. "First in Time, First in Right"

2.2. Rights based on the time acquiring the right

2.3. The first possessor has better title, but not absolute over the true owner

3. Actual Possession (Possession by Capture)

3.1. Common Law Rule of Possession of Animals

3.1.1. Pierson V. Post Manifested intent, to reduce animal to their usage Animal is deprived of their natural liberty Animal is brought within certain Control

3.1.2. Mortal Wounding Where a mortal wound of the animal occurs, On an objective basis, must show that the would would be fatal (Given time, will deprive animal of natural liberty Would show manifestation of intent to seize the animal

3.1.3. To prove possession of an animal, the plaintiff must show by ____ the had manifested the intent to reduce the animal to a specific usage, that deprives the animal of their natural liberty and brings them within certain control

3.2. Constructive Possession

3.2.1. Ratione Soli Ownership of land= ownership of the animals upon the land

3.2.2. denotes that possession has some effect in law, though it is not actual possession Constructive= legal fiction mandating legal conclusion or fact

3.3. Locus in Quo

3.3.1. The Location of the act in question

3.4. Elements of possession

3.4.1. Intent to possess

3.4.2. Actual control and Holding of the property

3.5. Both Elements are required to prove possession. Without, possession does not exist.

3.5.1. IE. First in time, first in right

3.5.2. Mere pursuit of an animal is insufficient

3.6. Custom

3.6.1. Doctrine of custom Custom is applied to create a common law right of access to real property. To give rise to Must be a continued use uninteruppted Reasonably accepted as a right

3.6.2. Custom (as to possession, only applicable) When an application is limited to the industry and those working within it When custom is recognized by the whole industry when custom "requires the first take the only act of appropriation possible" When necessary to the industry survival When works well in practice

3.7. Actionable Interference in Possession

3.7.1. Owner had sufficient possession of the animals on the land to start a hunt for them, as well as a right to pursue on that land. Using a decoy pond is lawful, and disturbance of such is illegal General welfare is best served by promoting the social goal

3.8. Misappropriation Doctrine

3.8.1. Plaintiff creates an intangible thing of value w/o protection Defendant appropriates the intangible thing at little cost, so the plaintiff is injured, and in its continued use, jeopardizes the plaintiff