Property

The title of the finder is as good against the whole world but the true owner.
Consider the relative nature of property rights.

The title of the finder is as good against the whole world but the true owner

F1 wins, but if F1 was sued by the original owner of the watch, F1 would lose. Prior possessor prevails over a subsequent posessor in cases involving land as well as cases involving personal property.

Armory v. Delamirie A common law action for money damages resulting from the defendant's conversion to his own use the use of a chattel owned or possesby the P. The P waives his right to obtain the return of the chattel and insists that the defendant be subjected to the forced purchase of the chattel from him.

The prior possession rule even applies if F steals the item from the previous owner. If F steals the ring from O, then loses it and G finds it. F can sue G for the ring back. O's rights are still superior to everyone else's.

A lawsuit to obtain return of the goods, not damages. Compare to trover.

The courts are more reluctant to give the prior possessor of land, who has no title, permanent damages than put the prior possessor back into possession.

1. Actual entry onto and possession of the land 2. The possession must be open and notorious 3. The possession must be continuous for the statutory period 4. The possession must be adverse

Majority view: Good faith or bad faith adverse possession does not matter - as long as it is adverse Minority view: Possessor has to have no actual knowledge that his possession is adverse - must have a good faith belief that the property is his Permission from the owner terminates hostility!

Actual notice � possessors have given owners notice Actual knowledge � owners actually know and understand the situation Constructive notice � �should have known� by the actions of the possessor

(Joint adverse possession is possible)
Does not have to be absolute, just behaviour that is like that of an owner Ex. Fences, no trespassing signs Compare to easements between neighbors.

Possessor must maintain possession for the statutorily required period of time. The key here is that the property be used in a customary manner. Ex. Farmer farms land without living on it - could probably claim adverse possession

Some courts will allow an adverse possessor to tack the time she is in possession onto that of her predecessor. There must be privity of estate between the two adverse possessors - mainly via documents but sometimes via a paral transfer (just physical transfer)

England: B - "Time runs against the true owner from the time when adverse possession began, and so long as adverse continues unbroken it makes no difference who continues it. America: O - As long as the statutory period has not run and the land was not passed in privity, O the true owner can win against both A and B.

Forcing someone out is not privity under American common law - there must be some voluntary transfer of land. A will probably gain adverse possession in 10 years and six months.