Adverse Possession of Chattels Flashcards
(16 cards)
What are the general principles of adverse possession of chattels?
Adverse possession of personal property follows the same principles as real property, focusing on normal use and lack of concealment.
What is the first element of adverse possession of chattels?
Actual Possession: The possessor must exercise control over the chattel typical for that type of item.
What does ‘Open and Notorious’ mean in the context of adverse possession?
The possession must be visible and obvious, allowing the true owner to reasonably discover it.
What is the third element of adverse possession of chattels?
Hostile/Adverse: Possession must be without the owner’s permission and with the intent to claim ownership.
What is required for possession to be considered continuous in adverse possession of chattels?
The possessor must maintain control over the chattel for the entire statutory period without interruption.
What role does good faith play in adverse possession of chattels?
Courts may consider whether the possessor believed they had a right to the chattel.
What is tacking in the context of adverse possession?
Possession periods can be tacked if there is privity, such as a sale or transfer of the chattel.
Who are bona fide purchasers in the context of adverse possession of chattels?
If a possessor sells the chattel to a good faith purchaser, the purchaser’s title may be void or voidable.
What was the fact of the case Reynolds v. Bagwell?
Bagwell purchased a violin without knowledge it was stolen; the true owner sought to reclaim it years later.
What was the holding in Reynolds v. Bagwell?
The court held Bagwell’s possession was open and notorious; the statute of limitations began when possession became obvious.
What does the case Reynolds v. Bagwell emphasize about adverse possession of chattels?
It emphasizes that the focus is on whether the possessor has taken any affirmative acts to conceal the chattel.
What was the fact of the case O’Keeffe v. Snyder?
Artist Georgia O’Keeffe discovered several of her stolen paintings nearly 30 years later in Snyder’s possession.
What was the holding in O’Keeffe v. Snyder?
The court adopted the discovery rule, stating the statute of limitations begins only when the owner knows or should have known the location.
What is the significance of the discovery rule in O’Keeffe v. Snyder?
It shifts focus from possession to the owner’s diligence in locating the chattel.
True or False: The possessor’s good faith is more important than the owner’s efforts to recover the chattel.
False: The possessor’s good faith is less important than the owner’s efforts.
Fill in the blank: The statute of limitations in adverse possession is tolled until the owner _______.
[knows or should have known where the stolen property was located]
