Property 1

to the observations of others, that APer uses the property and excludes others from the property as a reasonable TO would.

possessor prevails against all but the true owner, and a prior possessor prevails against all subsequent possessors.

the finder gains superior rights to the property against all but the true owner.

1. Sleeper- regards true owners; loses ownership rights if she is negligent in enforcing those rights.
2. Earner- regards APs; by presence and labor of staking a claim an AP earns the right to the property.

Property that is intentionally laid down but inadvertently left; the finder gains no rights and the land owner of where the property was found holds the property until the true owner returns.

Property that the TO intentionally and voluntarily relinquished with no intent to claim; ownership is given to the first finder.

rights not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore are universal and inalienable.

the notion that the first person to possess or occupy "something" justifies ownership rights superior to all others.

property found in the performance of a person's duties are found on behalf of the employer, as such, all finder's rights are the employer's.

whatsoever a person removes from its natural state and mixes his labor with and joins it with something that is his own, thereby makes it his property.

a person that maintains possession of property for the duration of the Statute of Limitations, without a true owner enforcing ejection, becomes the true owner of the property with title complete.

5 Elements:
1. Actual Entry
2. Open & Notorious
3. Continuous
4. Adverse & Claim to Right
5. Exclusive Use

ethical theory holding that the proper course of action is the one that maximizes the overall happiness.

a doctrine that supports reducing transaction cost (either capitol or labor) that lead to inefficiency in society.

principle under which each individual is subject to the same laws; all people are treated equally.

doctrine that allows for the reasonable use of natural resources as long as it does not unreasonably harm others that also have a right to the same resource.

AP uses the property with permission and inconsistent with the true owner's legal rights.

most fundamental rule for determining ownership is that the first person to take possession of a thing owns it.

to limit the natural liberties of a "thing" 2 types:
1. Actual- to have physical possession
2. Constructive- a legal construct which implies dominion (i.e. Rational Soli)

3 Standards:
1. Objective Standard- presence without permission and against legal TO's rights
2. Good Faith- Objective std + AP is under the assumption that she has legal right to the property
3. Bad Faith- Objective Std + AP knows that she does not own the property and doesn't care who does.

AP's physical presence on the land in such a way that gives the TO a cause of action for trespass.

when a possessor [of land] sells, gives, wills or in anyway transfers deed of the property to another.

when privity exist between two or more APs then the time of adverse possession may be added together

AP must maintain physical presence and use the land as an average TO would throughout the full duration of the Statute of Limitations

if not located on someone's property and it maintains all of its natural liberties.

the first person to exercise dominion over unowned property becomes the true owner. 3 Elements:
1. Unowned
2. Dominion
3. First [person]

would put a reasonably attentive land owner on notice of an AP's presence that is staking a claim for the land; must be readily noticeable or if the land owner is given knowledge of by a third person.

3 Sub-elements:
1. Visible
2. Noticeable by reasonably attentive land owner
3. Staking a claim