Operation of Law: Bailment and Adverse Possions Flashcards Preview

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Flashcards in Operation of Law: Bailment and Adverse Possions Deck (16)
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1

What is the Definition of Bailment

Definition: When a bailor temporarily transfers exclusive possession and control to (and is accepted by) the Bailee, pursuant to an express or implied contract or by operation of law

No Conveyance of title here

2

What is the duty of a Bailee and what are his or her liabilities?

Duty: the duty is to redeliver the item undamaged

Liability:

1) Unauthorized use
2) Misdelivery
3) breach of agreement to insure

3

Bailment Elements

1) Physical possession of the property
2) knowingly possess the property
3) know exactly what is possessed (contain/ordinary contents rule)
4) must consent

4

What are examples of a Bailee/Bailor relationship

Yes:
1) borrow items
2) dry cleaners
3) Valet

No
1) Self-service lot
2) Locker at airport

5

Adverse Possession

Definition: Open and notorious adverse possession for the continuing statutory period

(OAPCS)

6

Open and Notorious (Adverse Possession)

Open and Notorious Possession
1) requirements are actual or constructive notice of possession that a phyisical inspection would reveal

2) if in jail or in army, the SOL doesn't start because you can't know (at inception of AP)

7

What is Adverse (element of Adverse Possession)

1) Without owner's permission and no legal right

2) Will not run if not adverse

3) Essentially must tresspass

8

What is Possession (AP)

Definition:acts of dominion and control that would be natural and appropriate for possession considering size, condition, and location of land

9

What is Continuing (AP)

Must be reasonably continuous: cannot have significant gaps; permissible interruption varies depending on use of land, facts, and circumstances

1) if not continuous SOL resets

10

What is the Statutute of Limitations and how does it stop and start

1) Period of time, varying from state to state, that person must adversely possess land before title can be passed

2) Legal ejectment is enough to stop it; granting permission after the fact is not enough

3) some states require taxes to be paid (treat as own) but others not (if you expect to be paid for work you did on the land=you know its not yours)

4) If you have a disability (you are in prison, serving overseas) at the time the AP starts, court will protect that person

11

Claim of Right (AP)

Three different Treatments

1) Treat as your own (Majority)--> no acts inconsistent with right to possession; don't look subjective intent

2) Believe you own the property--> not majority....some States require good faith

3) Believe that you don't own property--> Dumb

Note: Some states require that you pay taxes and some don't

12

Color Title

Definition--> Some states require possession by claim of title document

1) If required, SOL is shortened
2) if required there is a presumtpion of construtive possession of all the land described in the deed, even though you didn't adversely possess the whole prop. in the deed

13

What is Tacking?

Definition: If later adverse possessor acquires property through privity the statute of limitation continues to run

Privity: Property by gift, purchase or inheritance

Privity must be continuous and intermittent trespassers will not amount to adverse possessors

14

What are Disabilities?

i.Infancy, insanity, prison, military

ii.Must exist when cause of action arises to apply

iii.Adds an additional 7yrs to statute of limitations (if not removed) or 3 yrs (if disability is removed)

15

What are general applications and restrictions of Adverse Possession

1) can be used as a defense if defect in title; can secure title from past against past defect ?????check this

2) Adverse Possession may not apply to future interests, it depends if it is adverse to those particular interests

16

Implied dedication doctrine (AP)

If you allow the public to consistently use your private land and the public makes a serious investment in the use, you will likely loose your property (Public v. Private)

Rule: Private can never adversely possess Gov property or public prop. but the Gov or Public can adversely possess private prop