@ docs.google.com = Property I: Throwdown Rules - Google Docs [T et 8 Property I: ThrowdownRules & & (Requested\"access share -~ @ File Edit View Tools Help Discovery and Capture rules O Rule of discovery first nation to discover new land is the owner O Rule of capture Ownership of wild animals goes to the first person to kill, capture, or trap to bring the animal within their certain control. o Benefits @ O (dissent) Rule of sportsmen ownership should go to the person in hot pursuit of the wild animal with a reasonable prospect of success of capture 0O Real property land and its fixtures O Fixture an item of personal property attached to real property O Personal property anything that is not land and its fixtures Custom and Capture O Whaling custom o Fast fish, loose fish (whoever has it attached; holding the line; rule of capture) o Iron In the whale (harpoon it and to mark whale; rule of sportsmen let people know that they were in hot pursuit) o Iron In the whale + salvage fee to finder (for purposes of making sure they get reported) O Relativity of title a person's claim to property depends on where the person stands in the chain of title O Ratione soli a landowner has certain rights to resources on the land, based on ownership of the soil, which establishes the exclusive right to hunt wild game on a landowner's property, subject only to the government's right to regulation O Rule of escape if a captured wild animal escapes from its possessor, the animal is again subject to the rule of capture O Rule of animus revertendi \"habit of return\" if an animal shows tendency to return, the owner does not lose a property interest in the animal when it leaves the owner's possession (reasonable to believe this existed: species, location, identifying marks, knowledge of subsequent possessor) O Rule of increase offspring of domestic animals belong to the owner of the mother, absent an agreement to the contrary O Conversion wrongful exercise of dominion over the personal property of another must be actual, intentional interference with plaintiff's dominion, wrongful withholding can be actual interference even if defendant lawfully acquired property, defendant doesn't need to know that the property belongs to someone else or that def intends to disposes true owner of use. Wrongful purpose not required O Trespass to Chattels exists where personal property has been damaged or where defendant has interfered with plaintiff's use of property; actual dispossession is not required O Gray's rule - \"A person who catches a baseball that enters the stands is its owner. A ball is caught if the person has achieved complete control of the ball at the point in time that the momentum of the ball and the momentum of the fan while attempting to catch the ball @ docs.google.com =) Property I: Throwdown Rules - Google Docs Property I: ThrowdownRules # & & (kequested\"access share ~ @ File Edit View Tools Help iii G O Bailments Delivery of personal property to another (the bailee) without loss of title by the true owner (the bailor) and usually for a specific purpose; bailees must return property to the bailor in the same condition unless altered by agreement O Elements of a bailment delivery of custody and control of the property to the bailee, bailee must accept as bailee of property, bailor and bailee must enter into a contract (express or implied that instructs the bailee on disposition of the property [I Voluntary bailment a bailment 9 created by mutual agreement O Involuntary bailment an implied (\"constructive) bailment that arises when one comes into legal possession of the personal property of another, other than by mutual agreement O Bailment rules - a bailor, even if a finder, has a higher claim of title than the bailee, a bailee who fails to return the bailed property in the same condition is liable for damages, for purposes + of damages, the highest value of the property will be presumed absent proof otherwise O Lost property property that is involuntarily separated from its owner O Lost property rules - Lost property generally goes to the finder, subject to higher claims of original owner (and prior possessors under relativity of title) O Lost property exceptions a land owner has a higher claim to lost property that is: buried, found by licensee/ invitee, found by an employer with a duty to report the find, found in the home of a landowner who is in possession O Mislaid property property that is voluntarily left by its owner but which the owner cannot now find (no intent to relinquish) O Abandoned property property over which the original owner has relinquished all rights and claims but titled for which has not yet vested in another O Abandoned property rules - Property over which the original owner has relinquished all rights and claims but title for which has not yet vested in another O Exception to abandoned property rule that it generally goes to finder the finder is a trespasser whose trespass is more than trivial (in which case property goes to landowner); Finder is the agent of another (in which case property belongs to the principal). The finder has not intent to take title (hawkins v mahoney) O Treasure trove not recognized in the U.S.; coins or currency buried for so long that owner is likely dead Gifts O Gift - an immediate transfer of ownership of property without payment of money other consideration O Testamentary gift - a transfer of ownership of property by will after a person's death O Donor - person who makes the gift O Donee - person for whom the gift is intended O Testator - person who makes a will O Gift inter vivos gift completed during lifetime with not contemplation of death; irrevocable M Flomante of infar vivac danative intent dalivary accentance @ docs.google.com = Property I: Throwdown Rules - Google Docs RPN STPTTYS Property |: ThrowdownRules # & & (kequested\"access share ~ @ File Edit View Tools Help O Treasure trove not recognized in the U.S.; coins or currency buried for so long that owner is likely dead B Gifts O Gift - an immediate transfer of ownership of property without payment of money other consideration @ O Testamentary gift - a transfer of ownership of property by will after a person's death O Donor - person who makes the gift O Donee - person for whom the gift is intended s O Testator - person who makes a will O Gift inter vivos gift completed during lifetime with not contemplation of death; irrevocable O Elements of inter vivos donative intent, delivery, acceptance 9 + O Gift causa mortis gift given in contemplation of impending death; revocable until death O Elements of causa mortis donative intent, delivery, acceptance, fear of impending or mortal peril, actual death O Donative intent donor must intend to transfer ownership of the object of gift and just possession O Actual delivery physical delivery of the property to the done (e.g., handing it over) O Constructive delivery delivery by giving something that gives access to the gift, such as a key to a car O Symbolic delivery - A type of constructive delivery, generally shown by an object representing the gift or a written instrument that (1) identifies the donor and donee, (2) indicates the donative intent, and (3) describes the gift O Acceptance rule done must accept the gift; usually presumed unless expressly rejected, especially where the gift is of value or benefit to the done Fee simple absolute O Fee simple absolute conveyable, devisable, descendible O Conveyable during life O Devisable by will O Descendible inheritable by operation of law when there is no will; just inheritable ny heirs O Freehold estate - estates free from the hold of anyone except the owner and held for an 0 uncertain duration; owner has all property rights of use, possession, disposition and exclusion \f