Acquiring Rights by Finding and Possessing Personal Property

AuthorAlan R. Romero
ProfessionProfessor of law and Director of the Rural Law Center at the University of Wyoming College of Law
Pages219-231
Chapter 13
Acquiring Rights by Finding and
Possessing Personal Property
In This Chapter
Considering what possession is and why it’s important
Resolving conflicts between competing possessors
Understanding how one can become an owner by possessing unowned things
Examining the rights and duties of possessors of things owned by another
Evaluating claims by owners of land where another person found a thing
P
ossessing property is a fundamental attribute of ownership. By
definition, if a person owns property, she has the right to possess it.
Possession is also a way to acquire ownership in the first place. This chapter
talks about acquiring ownership of personal property by possessing; for
information on acquiring ownership of real property by possessing, turn to
Chapter 14.
If personal property isn’t owned by someone, you can become the owner
simply by taking possession. Even if personal property is owned by someone,
you can still acquire some ownership rights by taking possession. These
rights vary depending on the circumstances. If someone else has a superior
claim to the property, however, the person who takes possession also has
duties to that superior claimant. This chapter discusses the rights and duties
of someone who takes possession of personal property, owned and unowned.
Taking a Closer Look at Possession
Possession of personal property requires both physical control over the
thing and the intention to exercise control or dominion over the thing. The
necessary physical control depends on the circumstances. In simple cases,
a person has physical control just by picking up the thing. But sometimes

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