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Flashcards in 1L Property Deck (158)
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Johnson v. M'Intosh

Holding: Land title transfers are only valid when made under the rule of the currently prevailing government.


Shelley v. Kraemer

Holding: State court enforcement of a racially restrictive covenant constitutes state action that violates the equal protection clause.


Pierson v. Post

Holding: The mere pursuit of a beast (property) does not grant ownership to the pursuer, therefore the acquisition of the beast by another first is not eligible for a legal remedy.

Property in wild animals is acquired by occupancy, meaning at least mortal wounding or capturing from a distance, and at most physical possession.

3 Part Test:
1. Intention to Appropriate
2. Deprive Animal of Liberty
3. Brought the animal in his control


Ghen v. Rich

Holding: A person establishes a property right over whales when he takes possession of the carcass and takes practical steps to secure it, in accordance with local custom.


Keebler v. Hickeringill

Holding: A property owner has a right to make lawful use of his property (for profit) without malicious interference of others.


Popov v. Hayashi

Holding: Where an actor takes significant but incomplete steps to achieve possession of a piece of abandoned personal property and the effort is interrupted by the unlawful acts of others, the actor has qualified right of possession.


Armory v. Delamirie

Holding: A person who finds a piece of chattel has a possessory property interest in the chattel, which may be enforced against anyone except the true owner of the chattel.


Hannah v. Peel

Holding: A finder of lost chattel on another's property may have superior rights to the chattel compared to the real property owner.



Externalities exist whenever some person makes a decision about how to use resources without taking full account of the effects of the decision.


Sleeping Principle

To penalize the negligent and dormant owner for sleeping on his rights.
If adverse possessor's entry were not reasonably observable we couldn't rightly blame an owner for being dormant.


Adverse Possession Requires that there be:

1. An entry that is actual and exclusive
2. Open and Notorious
3. Continuous for the Statutory Period
4. Adverse and Under a Claim of Right


Van Valkenburg v. Lutz

A Party takes adverse possession of a property owned by another when he takes actual possession, encloses it or makes improvements for a statutory period of years.


Manillo v. Gorski

A minor encroachment onto another's land is not considered to satisfy the open and notorious requirements of adverse possession.


Doctrine of Agreed Boundaries

An oral boundary agreement to settle the matter is enforceable if accepted for a period time.


Doctrine of Estoppel

When one neighbor makes representations about the location of a common boundary and the other neighbor changes her position in reliance on the conduct.


Doctrine of Acquiescence

Long acquiescence is evidence of an agreement between the parties fixing the boundary line.


Howard v. Kunto

Adverse possession occurs when a person takes actual possession of property that is uninterrupted, open and notorious, hostile and exclusive, under a claim of right for a statutory specified period of time.


Law of Finders

A finder has better right except for true owner or any prior possessor.

Policy purposes: We want the law to make it more likely that a true owner gets back their item & we want to encourage honest finders.


Earning Theory

Adverse possessor has earned the right to the property. Given energy/use/reliance they have now earned the property.


Adverse Possession & Government Property

Adverse possession does not apply to government property


O'Keeffe v. Snyder

The discovery rule tolls the statute of limitations for chattel if the owner of stolen chattel acted with due diligence to pursue the property.


Requirements to make a Gift Personal Property:

1) Intent to transfer Property
2) Deliver Possession
3) Acceptance by Donee


Newman v. Bost

In order to effect a gift, the items must be physically delivered to the donee whenever possible.


Symbolic Delivery

Constructive Delivery


Symbolic-Delivery of Deed to object
Constructive-Delivery of key to car, key to house
Actual- Delivery of Object (ie. Dresser/Jewelry/Book)


Gruen v. Gruen

A gift will be valid when the donor retains a life estate in said gift, because an irrevocable transfer occurred, granting the donee the right to the gift once the life estate terminates.


Nonrivalrous Resources

A resource is nonrivalrous when your use of it does not interfere with the use of it by other people.

Ex. Recipe Macaroni and Cheese


Non excludable Resource

A resource is non excludable when it is difficult to prevent people from using it.
Ex. Musical notes


International News Service v. Associated Press

A quasi-property right exists in published news such that appropriating the published news gathered by another for further commercial purposes constitutes unfair competition in trade.

Raw facts are not protected by copyright, however where unfair competition practices come into play, a quasi-property right emerges as a right against industry competitors.


Feist Publications, Inc. v. Rural Telephone Service co.

To be granted copyright protection, works must be original, meaning that they entail some minimal degree of creativity.


Elements of Copyright

1. Work of Authorship
2. Fixation
3. Originality