Class 2 HYPOTHETICALS

Question 1

RECAP: Review of law of finders Who is a finder? What does a finder do? 2 parts of being a finder

What about a finder versus someone who owns land?

What about mislaid v lost property

What is a bailment?

Answer 1

Finder has right over other possessors (but not true owner) AND is someone who takes possession and has intent to maintain possession of the property.

• something found on private property will give them better rights then a finder.

mislaid v lost property as well

A bailment is the rightful possession of goods who is not the owner.

Question 2

You are helping your friend clean out his pool for the winter. After the water is drained out, you are at the bottom of the pool scrubbing the pool floor, when you see a glimmer coming from the drain area. You go over to the drain area and find a woman’s necklace. You know it’s not your friend’s because he is a live-alone bachelor. You show it to him, and he says he’s never seen it before. But a dispute ensues about who gets to sell it and keep the money.

Who has the right to the necklace? You or your friend?

Answer 2

The friend as he owns the house as it is lost property and is on private property. even though he didn’t know of it, it is still his.

Question 3

John, while shopping at a department store, discovers that his watch band just broke. He wants to take it over to the watch counter – which is on the other side of the department store – but he wants to finish his shoe purchase first. As a result, John lays his watch, with the broken band, on a counter near the shoe displays. He intends to grab it when he’s done buying the shoes.

Frank sees the watch and takes it. Frank looks around for someone to inquire about this lost watch, but John had forgotten to take the watch with him when he left the department store, and the sales clerk said she had never seen the watch before.

Is this watch lost or mislaid

Answer 3

It is mislaid. thus the owner of the place will get the watch.

Question 4

What if the watch is sold and then the true owner claims it?

Answer 4

The true owner would get the necklace, the money would go back to the person who bought the necklace, and the person who sold it get nothing. Everyone WHOLE.

Question 5

Abandonment rule/property

Answer 5

Once the owner abandons property, ownership goes to the finder.

Question 6

How are treasure troves treated?

What if buried into the land?

Answer 6

Treated like lost or mislaid property. If lost finder gets it, if mislaid then the owner gets it.

If buried in ground, goes to owner of the land. It was not mislaid when buried, it was lost.

Question 7

You are helping a friend dig a new garden in your friend’s back yard when you find, buried several inches below the surface, an old tin box containing old silver bullion coins. It turns out these coins are worth $25,000.

Who is entitled to the box?

Answer 7

Your friend as they own the property and it was buried.

Question 8

Jacque v Steenberg Homes

Answer 8

Person did not want this other company to drive across his property and he did anyways.

Right to exclude is the most important things you can have in private property.

Question 9

What is civil trespass?

Answer 9

An unprivileged intentional encroachment on another’s property and intent is not required.

You are allowed to trespass if the person gives consent or there is necessity.

Question 10

Jane, while doing a solo 5-mile hike, unknowingly walked across John’s private property.

Civil Trespass?

Answer 10

Yes even without intent.

Question 11

Commonwealth v Magadini 2016

Answer 11

Homeless guy who trespassed often.

court said it was okay as it was for necessity.

Question 12

5th amendment is what?

Answer 12

They cannot take your private property without payment.

Question 13

Right to destroy between being alive v dead

Answer 13

If you are alive you can destroy your property/have a provision.

If you are dead, usually they will not enforce a provision in a will directing that valuable property be destroyed.

Question 14

Jane, a wealthy Michigan woman, wanted to be buried with her 10-carat, blue diamond ring. Could Jane’s heirs stop her from being buried with it?

Answer 14

Probably not, as it has been routinely allowed.
Personal property is okay, real estate is not okay

Question 15

Real property v personal property

A tree growing. What about if cut?

Growing corn. What if when harvested?

Answer 15

Real property is on the land. Personal is not.

Real property as they are attached to land, once cut personal

Real when in land, once cut personal.

Question 16

Fixture explained

Answer 16

Fixtures are personal property that have been permanently attached to real property which could be removed and then become real property.

Question 17

3 elements for a fixture

Answer 17

Attached to the real property

Intent to attach

Adaptation (personal property must be adapted or applied to some larger function of the real property aka light fixtures)

Question 18

What is Adverse possession

OCEAN ACRONYM FOR PARTS

Answer 18

Living in land where you get possession and get title and become legal owner (can be a trespasser) if they use it for the SOL

1) Actual– this triggers the SOL AND states out the area you are AP’ing
2) Exclusive– cannot share with true owner.
3) Open and notorious
4) Adverse/Hostile
5) Continuous and uninterrupted.

OCEAN ACRONYM

Question 19

B was the owner of an acre of land that he purchased in 1971.

However, C started adversely possessing this land in 1981, and the state’s statute of limitations is 10 years.

In 1991, the SOL for adverse possession has run.

Answer 19

C adversely possessed and wins.

Question 20

Can you adversely possess state land?

Answer 20

No.

Question 21

B lived across the street from a 5-acre lot that he wanted to adversely possess because it had formerly been an active sand and gravel pit. For the entire statutory period, he lived across the street, but he went over to the 5-acre lot almost daily to sell sand and gravel to customers of his new business.

Will B be deemed to have met the actual possession element?

Answer 21

Yes . A person is not required to actually live on the property if the person puts the property to use in the way those in the normal community would expect.

Question 22

Three standard for hostility

Answer 22

1. Objective standard– used it the same way a true owner would. (majority approach)

2) Good-faith standard- the AP must think that he owned it

3) Aggressive-tresspass standard– I know I didn’t own it but I intend to make it mine.

Question 23

Color of title is what

Answer 23

A claim for Ap founded on a defective written instrument ( a deed or will)

It lowers the time needed of AP by ALOT.

Gives you all in the color of title.