Prop new 6

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  1. Acquisition by Creation
    Get right over property not idea. Cheney Brothers.
  2. Cheney Brothers
    Creator has title to chattel of creation, not idea
  3. Open and Notorious (AP)
    True owner could/should know on property. Look to actions of AP.

    Presumed knowledge.

    true Dominion
  4. 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
  5. Disability (SOL for AP)
    Age, mental capacity, imprisonment at time of trespass

    End of SOL plus 10 years.
  6. Liability based remedy (AP)
    AP injured owner's rights, compensate for title
  7. Property based liability (AP)
    AP or owner. Who has rights?
  8. AP loses; Bad Faith/ Knowing
    remove at own expense MODERN
  9. AP Loses; Good Faith/did not know
    Compensate O for encroachment
  10. AP Loses. Traditional
    Doesnt matter mind state; REMOVE ALL
  11. AP loses, but improves O property
    O keep improvements, but compensate AP
  12. Interrupted Possession (AP)
    If not by owner, AP can tack previous years
Card Set
Prop new 6
Prop new 6
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