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Unauthorized Possession

Unauthorized Possession. The Situation. No! Yes. Examples of Unauthorized Possessors. 1. Finders 2. Innocent convertors 3. Evil convertors (aka thieves). Anderson v. Gouldberg. Ann River Logging Company 1892 Photo. Russell v. Hill.

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Unauthorized Possession

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  1. Unauthorized Possession

  2. The Situation No! Yes

  3. Examples of Unauthorized Possessors • 1. Finders • 2. Innocent convertors • 3. Evil convertors (aka thieves)

  4. Anderson v. Gouldberg Ann River Logging Company1892 Photo

  5. Russell v. Hill Nantahalla River

  6. Adverse Possession of Personal Property

  7. Basic issue • Can the interest of a non-owner possessor of personal property (e.g., a finder) ripen into title that is good against the true owner? • Contrast with mere running of statute of limitations preventing remedies against the possessor.

  8. Elements of Adverse Possession • 1. Possessor openly and notoriously holds the property. • 2. Possessor holds property hostilely (i.e., without true owner’s permission). • 3. For the statutory period of time.

  9. Chapin v. Freeland 1881 repossessescounters (self-help) 1867 1867 nails down counters 1871 mortgage 1879 foreclosureand sale

  10. O’Keeffe v. Snyder Georgia O’Keeffe -- 1943

  11. O’Keeffe v. Snyder Barry Snyder’s son, Gary

  12. O’Keeffe v. Snyder Cliffs

  13. O’Keeffe v. Snyder Seaweed

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