1. less complex legal rules. 2. easier to have personal identification with issues. 3. provides...

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Personal Property Introduction

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Page 1: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Personal Property

Introduction

Page 2: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Why study personal property first?

1. Less complex legal rules.

2. Easier to have personal identification with issues.

3. Provides foundation for later material, both in Property and other law school courses.

Page 3: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Overview of Acquisition Methods

1. Find

Page 4: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Overview of Acquisition Methods

1. Find2. Borrow (hold as bailee)

Page 5: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Overview of Acquisition Methods

1. Find2. Borrow (hold as bailee)3. Purchase

Page 6: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Overview of Acquisition Methods

1. Find2. Borrow (hold as bailee)3. Purchase4. Take in unauthorized manner

(convert/steal)

Page 7: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Overview of Acquisition Methods

1. Find2. Borrow (hold as bailee)3. Purchase4. Take in unauthorized manner

(convert/steal)5. Benefit from another’s mistaken

improvement

Page 8: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Overview of Acquisition Methods

1. Find2. Borrow (hold as bailee)3. Purchase4. Take in unauthorized manner

(convert/steal)5. Benefit from another’s mistaken

improvement6. Receive as a gift:

1. From living donor (inter vivos gift; gift causa mortis, trust, etc.)

2. Receive from dead donor (intestacy, wills, non-probate transfers, etc.)

Page 9: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Finding

Page 10: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

“Finder” defined

A person who rightfully acquires possession of personal property that did not originally belong to the person.

“rightful” – not conversion or theft

“possession” – not necessarily ownership

Page 11: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Types of property that may be found

1. First occupant

Property which has not yet been subject to ownership.

Page 12: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Types of property that may be found

2. Lost

True owner has parted with casually, involuntarily, accidentally, unconsciously, etc.

Page 13: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Types of property that may be found

3. Misplaced/Mislaid

True owner intentionally placed the property somewhere and then unintentionally left it and/or forgot where it was left.

Page 14: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Types of property that may be found

4. Abandoned

Owner has intentionally relinquished possession and claim to the property.

Page 15: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Types of property that may be found

5. Treasure Trove

Money (gold, silver, etc.) concealed in the ground or 0ther hiding place with no known owner.

Page 16: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Claimants to Found Property

1. Finder

2. True Owner

3. Owner of land on which property was found

4. Government

Page 17: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Goddard v. Winchell

Page 18: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Peekskill Car

Page 19: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Peekskill Meteorite

Page 20: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Hole made by meteorite in Freehold Township, New Jersey in January 2007.

Page 21: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Philip Mani, San Antonio lawyer, who specializes in meteorite law

Page 22: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Eads v. Brazelton

Steamboat

America

Page 23: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Eads v. Brazelton

Which one is “lead in pigs”

Page 24: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Popov v. Hayashi

Barry Bonds

hitting home

run number 73

on October 7,

2001.

Watch video

[YouTube Link]

Page 25: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Popov v. Hayashi

The actual ball.

Page 26: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Popov v. Hayashi

Initially “caught” ballPicked up ball as it was rolling around

Page 27: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Popov v. Hayashi

Todd McFarlane purchased ball at auction for $450,000 plus

$67,500 in fees [total of $517,500].

Page 28: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Popov v. Hayashi

Made into movie – “Up for Grabs”

Play Trailer

Page 29: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Armory v. Delamirie

Finder of lost propertyvs.

Person who took away from finder

Page 30: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Bridges v. Hawkesworth

Finder of lost propertyvs.

Owner of land on which property found

Page 31: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

South Staffordshire Water v.Sharman

Finder of lost propertyvs.

Owner of land on which property found

[but, is there more?]

Page 32: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

South Staffordshire Water v.Sharman

Minster Pool

Page 33: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Hannah v. Peel

Finder vs. Property ownerClassification of found property?

Page 34: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Hannah v. Peel

Overton-on-Dee

Page 35: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

McAvoy v. Medina

Finder of mislaid propertyvs.

Owner of property on which property found

Page 36: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Schley v. Couch

Is “treasure trove” stilla viable type of foundproperty?

Page 37: 1. Less complex legal rules. 2. Easier to have personal identification with issues. 3. Provides foundation for later material, both in Property and other

Who owns found property?

True owner (unless first occupant or abandoned)

If cannot find true owner: Finder Landowner Government Divide between/among claimants