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Five Theories of Property-1)Protect First Possession-(first in time) “The notion that being there first somehow justifies

ownership rights is a venerable and persistent one.”2) Encourage Labor- Each person is entitled to the property produced
through his own labor. 3) Maximize Societal Happiness (Utilitarian Theory)-Under traditional utilitarian theory we recognize
property in order to maximize the overall happiness of society. It is a means toward an end. Defines property rights in a manner
that supports the welfare of all citizens. 4) Ensure Democracy- Civic republican theory posits that property facilitates democracy.
Recognizes property ownership because it provides economic security necessary to make political decisions for the common good.
5) Facilitate Personal Development- Personhood theory argues that property is necessary for an individual's development. Each
person has a personal connection to their property.

Right to Transfer-General rule-owner may freely transfer or alienate any of her property to anyone. Exc:(1)Land conquered;
(2)body parts voluntarily removed from body.
Right to Exclude-General rule-Each owner also has a broad right to exclude others from their property with only limited
exceptions. Exc: Access to migrant workers
Right to Use-General rule-Sic utere ut alienum non laedas-use your own property in a manner that does not injure another
person's property. Exc: (1)Spite Fence, (2) interfering with another's enjoyment (nuisance); A private nusance is an 1. intentional,
2. nontrespassory, 3. unreasonable, and 4. substantial interference with 5. the use and enjoyment of the plaintiff's land.
Right to Destroy- General rule-The owner has right to destroy that which he owns. Exc: (1) Public Policy-Acts are said to be
against public policy when the law refuses to enforce or recognize them, on the ground that they have a mischievous tendency, so
as to be injurious to the interests of the state, apart from illegality or morality. (2) Public policy-waste-when the action will result
in resource waste.

Adverse Possession (real property)-Elements: (1) Actual possession: The claimant must physically use the land in the
same manner that a reasonable owner would, given its character, location, and nature. (2) Exclusive possession: The claimant's
possession cannot be shared with the owner or with the public in general. (3)Open and notorious possession: The claimant's
possession must be visible and obvious, so that if the owner made a reasonable inspection of the land, he would become aware of
the adverse claim. (4)Adverse and hostile possession (some states also require claim of right): This element is complex. All
states agree that possession authorized by the owner does not meet this requiremet. Some find the element is met only if the
claimant believes in good faith that he owns the land. In most states, the claimant's state of mind is irrelevant. A third view--
now-- rare requires bad faith, that is, the claimant must intend to take title from the owner. (5)Continous possession: The
claimant's possession must be as continuous as a reasonable owner's would be, given the character, location, and nature of the
land. (6)For the statutory period: The period for adverse possession ranges from 5 to 40 years, depending on the state. The most
common periods are 10, 15, and 20 years.
Color of title--Refers to a deed, a judgment, or another written document that is invalid for some reason. It allows tacking as long
as there is privity (usually done by deed and requires good faith).

Airspace-Flights over private land are not a taking, unless they are so low and so frequent as to be a direct and immediate
interference with the enjoyment and use of the land.
Subsurface Rights-Plaintiff’s subsurface rights in their properties include the right to exclude invasions of the subsurface
property that actually interfere with plaitntiff's' reasonable and foreseeable use of the subsurface. (Requires some type of physical
damages or interference).
Water Law-Under the capture rule, a landowner may pump as much groundwater as he chooses without liability to neighbors
for drying up their wells.

Rule of Capture-General rule-The pursuer must bring the property into his power and control, and so maintain his control as
to show that he does not intend to abandon them again to the world at large. Exc:Court's Test-Unlawful interference-Where an
actor undertakes significant but incomplete steps to achieve possession of a piece of abandoned personal property and the effort is
interrupted by the unlawful acts of others, the actor has a legally cognizable pre-possessory interest in the property. Gray's test-
Complete Control. Berhardt-intend to control and stop movement forwards.
Finders-Four categories: (1)Lost Property-Property is lost when the owner unintentionally and involuntarily parts with it. (2)
Mislaid property-Property is mislaid when the owner voluntarily and knowingly places it somewhere, but then unintentionally
forgets it. (3) Abandoned property-Property is abandoned when the owner knowingly relinquishes all right, title, and interest to it.
(4) Treasure trove-Property is treasure trove when the owner concealed it in a hidden location long ago. Treasure trove is usually
limited to gold, silver, coins, or currency.
(1) Lost Property-Finder's rights are superior to everyone else's rights except the true owner. (relativity of title)m Exc: Where a
person has possession of house or land the items will be presumed to be in possession of the owner.
(2) Mislaid Goods (Bailments)-A finder is obligated to (1) keep the chattel safe and (2) return it to the prior possessor on
demand. Three types of bailments: (1) those for mutual benefit of both bailor and the bailee (requirement to use reasonable care,
e.g. valet) (2) those for the primary benefit of the bailee; (requirement of extraordinary care, e.g. borrowed tractor) and (3) those
for the primary benefit of the bailor. (liable under gross negligence or bad faith, e.g dog dead left in sweltering heat). Determining
if mislaid or abandoned-The place the item is found and the manner in which it is hidden can be important considerations in
classifying property.
(3) Abandonment-Some items though having the indicia of being abandoned may actually have been placed in that particular
place for a purpose. In this kind of an instance there must be a reasonable time for the possessor to move them before they
become abandoned.
(4) Treasure Trove-Has been rejected by most jurisdictions in order to discourage trespass.

Adverse Possession (Personal Property)-Must be open, notorious, and held in good faith. (concealment stops the statute
from continuing because it is not open)Common law rule on stat. Of lim.-Begins to run from the time of the taking and not from
the time the owner has knowledge unless there is fraud or concealment. Discovery Rule-a cause of action will not accrue until the
injured party discovers, or by exercise of reasonable diligence and intelligence should have discovered, facts which form the basis
of a cause of action. Demand and Refusal Approach-The statute is tolled until the owner demands the return of her property
from a good faith purchaser.

Intervivos Gifts-Elements:donative intent, delivery, and acceptance. (Irrevocable) Types of delivery: (1)Manual delivery:
Occurs when the donor physically transfers possession of the item to the donee. (2) Constructive delivery: Reuquires that the
donor physically transfer to the donee an object that provides access tot he gifted item. (3) Symbolic delivery: The donor
physically transfers to the donee an object that represents or symbolizes the gifted item.(Letter in gruen, many jurisdictions only
allow if manual is impracticable or impossible

Gifts Causa Mortis- Elements:(1) Donative intent; (2) Delivery; (3) Acceptance; (4) The donors anticipation of imminent
death. (Revocable) Some jurisdictions require death to be the same as contemplated. Other jurisdictions a gift causa mortis is still
effective even though the donor does not die from the contemplated peril, if (1) the death occurs within the same approximate time
frame, or (2) the cause of death is related to the anticipated peril.

Testamentary Gift-Comes about due to a will.?????

Intellectual property-Common Law Approach-As a general rule, intellectual property rights were not recognized at
common law. The three main types of intellectual property recognized under federal law (copyrights, patents, and trademarks) are
exceptions to this rule.

Copyright Basics-The principal goal of copyright law is to encourage creative effort by giving authors an incentive to produce
works that will benefit the public. The requirements for a valid copyright are: (a) originality; (b) work of authorship; and (c)
fixation. Fair Use Defense-The most important defense to liability for copyright infringement is the fair use doctrine, which
allows minor use of a copyrighted work where the use does not materially affect the rights of the copyright holder. Copyright
Infringement-To prevail in a copyright infringement action, the plaintiff must prove: (a) ownership of a valid copyright; and (b)
anauthorized copying of a material amount of work.

Patent Basics-The main goal of patent law is to encourage creative effort by giving inventors an incentive to produce
inventions that will benefit the public. The requirements for a valid patent are: (a) patentable subject matter; (b) utility; (c)
novelty; (d) nonobviousness; and (e) enablement. The scope of patentable subject matter has been controversial. Patent
Infringement-To prevail in a patent infringement action, the plaintiff must show either literal infringement under the doctrine of
equivalents.

Trademark Basics-The goals of trademark law are: (a) to protect consumers from being deceived about the source of goods
and services; and (b) to give trademark owners an incentive to produce quality goods and services. The requirements for a valid
trademark are: (a) distinctiveness; (b) non-functionality; and (c) fair use in trade. Trademark Infringement-To prevail in a
trademark infringement action the plaintiff must prove: (a) she holds a valid trademark with priority over the defendant's mark;
and (b) the defendant's use of the mark is likely to cause confusion or deceive consumers. Alternatively, a defendant may be liable
for trademark dilution if his conduct blurs or tarnishes the plaintiff's famous mark.

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