Prop new 6

Acquisition by Creation

Get right over property not idea. Cheney Brothers.
Cheney Brothers

Creator has title to chattel of creation, not idea
Open and Notorious (AP)

True owner could/should know on property. Look to actions of AP.

Presumed knowledge.

true Dominion
Tacking

Possessors must be in Reasonable connection/privity with each other to tack on time.

Continuance of statutory period if in privity.

Dont want bad faith trespassers benefitting
Disability (SOL for AP)

Age, mental capacity, imprisonment at time of trespass

End of SOL plus 10 years.
Liability based remedy (AP)

AP injured owner's rights, compensate for title
Property based liability (AP)

AP or owner. Who has rights?
AP loses; Bad Faith/ Knowing

remove at own expense MODERN
AP Loses; Good Faith/did not know

Compensate O for encroachment
AP Loses. Traditional

Doesnt matter mind state; REMOVE ALL
AP loses, but improves O property

O keep improvements, but compensate AP
Interrupted Possession (AP)

If not by owner, AP can tack previous years

Author

mbdavis707

301093

Card Set

Prop new 6

Description

Prop new 6

Updated

2015-04-19T21:08:55Z