Personal Property - MICHIGAN LAW

PROPERTY Gaining or Losing Ownership Creation

Federal *copyright* laws protect an author's written work (e.g. literary or musical or dramatic works, letters, motion pictures, sound recordings) IF the work is: - in *actual form* and not a mere thought or idea - *original and new*, not a reworked version of something old; and - fixed in a *tangible medium of expression* ("sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration") BUT NOT if the work is similar. Protection under copyright laws extend through the *author's life + 70 yrs*. If the author is *anonymous*, protections extend for 95 yrs from publication or 120 yrs from creation of the work. Copyrights may be *registered* by the author with the U.S. Copyright Office. Once registered, an author can *sue* for copyright infringement.

PROPERTY Gifts Inter Vivos

Inter Vivos = Gift made & delivered during donor's life with intent that title pass immediately & *irrevocably* to donee (e.g. I promise to give my sister my heirloom watch on her 30th birthday. On her birthday, I give her the watch, which she takes without thanking me. The next day I am so upset that I call her, accuse her of being ungrateful, and demand my watch back. My sister doesn't have to return the watch because it is a valid, irrevocable inter vivos gift). Requires: (1) *Donative Intent* (2) *Completed Delivery* (3) *Acceptance by Donee* Can also transfer *real property* by inter vivos gift

PROPERTY Adverse Possession (AP)

SOL begins to run when possession of PP is: (1) open (2) notorious (3) adverse & hostile under claim of right (without consent) (4) exclusive & continuous throughout the statutory period (6 yrs) - *Open & notorious* difficult to satisfy for PP; ct may presume possession was concealed or voluntary if no showing that owner demanded and AP refused to return PP - *Title to PP passes* when SOL expires. - *Tacking* is permitted IF there is *privity* (sold, gifted, bequeathed) - SOL *tolled* for mental or physical disability, incapacity, etc.

PROPERTY Gifts To Minors

Under the Uniform Transfers to Minors Act UTMA), a donor MAY make an irrevocable gift or transfer property to 1 minor during donor's lifetime (under 18) IF donor transfers title to 1 custodian (can be donor) who retains control of & manages the custodial property ("A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor...") - *Gift* = Includes money, security, life or endowment insurance policy, annuity, benefit plan, real property, tangible or intangible property - Gift valid EVEN IF donor *doesn't comply* with Act, the custodian is *ineligible*, or custodian *dies* - Custodian can *distribute* the custodial property to the minor in custodian's discretion - Custodian can be *reimbursed* from the custodial property for reasonable expenses - Custodian must *transfer* the custodial property to minor's estate if he dies or to minor at age 18 or no later than age 21 (e.g. On her 16th birthday, I tell my niece that I'm giving her $10,000 cash. I set up a special youth savings acct in compliance with MI law, making myself the custodian of the acct on her behalf. I deposit the $10,000 and tell her it is "my gift to you." Later, I change my mind because I need the money to pay my law-school loans. I can't change my mind because the gift complies with the UTMA and is irrevocable).

PROPERTY Finding Lost, Misplaced, or Abandoned Property Uniform Disposition of Unclaimed Property Act

MI adopted a version of this Act that assumes *intangible property* (e.g. money, checks, stocks, property in safe deposit boxes) is *abandoned* IF the true owners don't claim it within 3 yrs; the property is then sold by a state administrator who cannot be held liable by the true owner for disposing of the unclaimed property.

PROPERTY Nonconsensual Liens

Arise by statute or operation of law -- a security interest or right of a creditor (lienor) to retain PP owned by a debtor (lienee) to satisfy a debt (creditor takes a lien on the PP in exchange payment by the debtor). - Creditor has a right to retain (possess) the PP if the debt arises from services performed on the PP, title to the PP is in the debtor's name, and the PP is in the creditor's possession. - *General Lien* = Right of a creditor (lienor) to detain debtor's (lienee) PP until payment is made re a debt due on the specific property detained or any balance due to lienor; can ONLY arise from a statute or contract terms (e.g. atty collecting fees, innkeeper). Lienor can release some of the PP and hold the rest as collateral for payment on the entire lien. - *Special Lien* = Right of a creditor (lienor) to retain debtor's (lienee) specific PP to secure payment due for services re that specific property IF lienor has custody and added value to the PP. If creditor releases some of the PP, the lien is waived re the PP released. If ambiguous re which type, construed as a special lien. *Lienors*: (1) *Innkeeper* has a lien on a guest's (lienee) baggage or other PP in the inn that belongs to or is under the guest's control to secure payment for lodging. Baggage/other PP can be detained until payment is made. (2) *Garage keeper* = contracts for & provides labor, materials, storage, diagnosis, repair estimate, or supplies for a vehicle. Has a lien on a customer's (lienee) vehicle that attaches when the last agreed-upon service is complete. Lien lasts as long as the vehicle is in the lienor's possession BUT NOT more than 225 days. - Lienor can charge up to $10/day to store the vehicle and has priority over all other liens on the vehicle. Lienor can *enforce* the lien and recover storage fees incurred by selling the vehicle at public auction. Lienor must: - apply to SOS for a certificate of foreclosure within 105 days of the lien's attachment - select the sale date at least 75 days after the date listed on the certificate of foreclosure - notify the lienee, other lien holders, and SOS; notice must include a detailed statement of the lien, itemized daily storage fees, & sale details (date/time/location) Lienee has 30 days from the notice postmark date to satisfy the lien.

PROPERTY Nonconsensual Liens (continued)

(3) *Mechanic* = alters or repairs PP at the owner's request. Has a lien on the customer's (lienee) PP to secure payment for services rendered (charges must be just & reasonable). PP can be detained until payment is made. (4) *Launderer/Cleaner* = cleans, launders, drys, presses, or stores clothes, rugs, carpets, or fabrics) has a lien on the customer's (lienee) PP to secure payment for services rendered. PP can be detained until payment is made. (5) *Self-service storage facility* has a lien on the customer's (lienee) stored PP, even if lienee doesn't own it, to secure payment for rent or other lawful charges incurred re storage including expenses necessary or preserving or selling the PP. Lienor can *enforce the lien* if lienee defaults on the rental agreement by selling the PP stored. Lienor must: - give notice (in person, by 1st class mail, or electronic mail to last known address) of intent to enforce the lien and demand for paying within 14 days or more - publish notice of the sale 1x/week for 2 wks in a newspaper of general circulation where the storage facility is located. Lienee can redeem the PP by paying the amt due + reasonable expenses incurred. If lienor fails to comply, lienee can bring an action for damages or $250, whichever is greater + atty fees. (6) *Artisan* (lienor) has a lien on the customer's (lienee) PP that the artisan added value to using skill, labor, or materials & under a valid contract; PP can be detained until the value of artisan's services is paid BUT artisan CANNOT sell the PP.

PROPERTY Finding Lost, Misplaced, or Abandoned Property Abandoned Property

*Abandoned property* = PP that the owner voluntarily relinquishes and intends to give up title and possession with no intent to reclaim it; owner loses title to that property. - Intent can be *inferred* from surrounding circumstances. - If property is abandoned and unclaimed for >6mos, law enforcement must *report* this to the city council/township board and request *authority* to give the property to the county sheriff or sell the property at public auction. - If sold at auction, *notice* of the sale must be published in a newspaper of general circulation at least 5 days before the sale (notice must must state sale date/time & describe the property to be sold). The *true owner* may claim the property *before* the sale. Within 6 mos *after* the sale, the true owner can file a claim and receive the sale proceeds.

PROPERTY Accession

*Accession* = Adding value to property by expending labor or adding materials without the owner's consent. *Innocent Trespasser* - If *no substantial change* to the property or property value, the owner retains title and can bring a COA for conversion or an "action for claim and delivery" (MI's version of replevin). The trespasser can't bring an action for compensation against the owner. - If a *substantial change* to the property or property value, the trespasser can claim title to the property. The owner can sue for damages but cannot recover the property. *Willful Trespasser* - Trespasser gains no rights to title by accession (regardless of how much improvement was made or value was added). The owner can either keep the improved property or bring a COA for conversion or an "action for claim and delivery" if the property's value was impaired by the accession.

PROPERTY Bailments

*Bailment* = When a bailor transfers possession (not title) of her PP to a bailee to hold for a period of time for a specific purpose per the bailment terms (e.g. consignment, safe deposit box rented from a bank). Requires that bailee must have *knowledge of* and *consent to* (custody is insufficient) taking *physical custody* of PP with the intent to *exercise control* over it and *return it* when the bailor claims it. - WATCH FOR transactions that are NOT bailments, such as employee's use of goods owned by an employer; parking a car in a parking garage/lot (BUT if owner turns the keys over to a lot operator or valet, a bailment is created); or a sale [see Conversion card above re true owner and bona fide purchaser who *truly believed* that the seller had the authority to sell the goods -- under the UCC & codified by MI statute, any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business) - Bailments can be *compensated* (for hire) or *gratuitous*. If compensated, bailor MUST inform bailee of *known defects*. - Bailee is responsible for *customary or routine expenses*; Bailor is responsible for *extraordinary* expenses (e.g. Bailor rents a lawn mower from bailee, and the engine blows. Bailor can't get a new engine. Bailee takes it to a repair shop and gets a new engine installed. Bailor is responsible for the repair bc it's an extraordinary expense). - Bailments can be *terminated* by parties' agreement (contract, lapse of a specified time period, purpose completed) or by parties' conduct (e.g. notice given, property destroyed)

PROPERTY Gifts Causa Mortis

*Causa Mortis* = Gift given in contemplation of death Requires: (1) *Donative Intent* (2) *Completed Delivery* (3) *Acceptance by Donee* (4) Gift given in contemplation or anticipation of donor's *imminent or impending death, including suicide* (e.g. life-threatening illness, NOT an abstract fear like fear of someday drowning or dying in a plane crash) - gift valid if donor dies from a *different cause* but *never recovered* from the illness that put him in contemplation of death (e.g. illness = cancer; cause of death = infection) - BUT gift *revocable* if donor *recovers* from the illness that placed him in contemplation of death (e.g. A woman with terminal cancer makes an otherwise valid gift causa mortis to her niece but 1 month later, she is killed in a car accident. Although she didn't die from the illness that placed her in contemplation of death, there is no "recovery" from her illness, and the gift is valid). (e.g. A is critically injured in a car accident. On the way to surgery, A says to her 25-yo daughter, "Here -- take my wedding ring -- I want you to have it if I don't make it." A miraculously recovers and asks for her ring back. Her daughter refuses. Her daughter must give the ring back because the gift causa mortis became revocable when A recovered from the illness that placed her in contemplation of death). Also REVOKED if donor's *affirmative act* indicates intent to revoke OR *donee dies first* CANNOT transfer *real property* by gift causa mortis

PERSONAL PROPERTY Michigan Law

*Gaining or Losing Ownership* (1) - Capture - Creation - Conversion *Finding Lost, Misplaced, or Abandoned Property* (6) - Lost & Misplaced Property - Abandoned Property - Uniform Disposition of Unclaimed Property Act (intangible property) *Remedies* (9) - Conversion (Trover) - Replevin *Bailments* (6) *Accession* (0) *Confusion of Goods* (0) *Adverse Possession* (1) *Gifts* (8) - Inter Vivos - Causa Mortis - To Minors (Uniform Transfers to Minors Act) *Liens* (2) (#) = number of times that subject was tested on the MI Bar in the last 10 yrs

PROPERTY Gifts

*Gift* = Voluntary transfer of PP without payment or consideration; absolute title to the PP passes when the gift is complete (see 3 requirements below) UNLESS revocable because the gift was (a) *conditional*; (b) given by an infant who disaffirms at *age of majority*; or (c) *revoked* during donor's life if given as a gift causa mortis. - *Conditional* ~ Engagement gifts are given in anticipation of an impending marriage so a presumption that the marriage doesn't take place, the gift should be returned; an engagement ring is a conditional gift in MI, given in contemplation of marriage and should be returned to the donor if the marriage doesn't happen. Cts consider donor's intent, type of property given, fraud, conditions attached to the gift, and parties' conduct. Requires: (1) *Donative Intent* *Present intent* (clear manifestation of donor's intent to divest herself of title & possession) *+ mental capacity* to transfer title (not present use or enjoyment but includes future interests) (e.g. donor gifts the right to his LE now but donee takes possession at donor's death) - intent to make a *gift in the future* DOES NOT meet this requirement ~ WATCH FOR gratuitous promise, hope of future gift (e.g. "it has always been my wish" or "I hope that at my death") - *undue influence* from fiduciary DOES NOT meet this requirement ~ WATCH FOR confidential relationship between donor & fiduciary where fiduciary benefits from a gift, influences the act of giving, or is in a position to influence (2) *Completed Delivery* Delivery is complete IF donor *can't reclaim* the gift AND gift is *actually* delivered or, if impossible or impractical, then *constructive, in writing, or symbolic delivery*. Donor *can't reclaim* the gift: - if delivered *donor's agent*, delivery is ONLY effective when the agent delivers the gift to the donee - if delivered to *donee's agent*, delivery is effective immediately *Actual, constructive, in writing, or symbolic delivery*: - *actual delivery* = donee must take *dominion + control* over it - *constructive delivery* = donor *surrenders control* but can't surrender dominion d/t size or location of gift BUT NOT a mere declaration of intent to give a gift - *in writing* = donor must clearly express *intent*, *describe* the gift, *sign* the document, and pass the writing *out of his control* with the *intent* that it reach the donee (e.g. mail it) - *symbolic* = donor can't actually deliver gift so donor gives an *object* to donee that is a *symbol of the gift* (e.g. key to a locked drawer); usually accomplished by delivering a written instrument (e.g. title) *Special circumstances* - *check* delivered when donee takes to bank & cashes or funds deposited in donee's acct - *stocks* delivered EVEN IF donor continues to receive dividends until his death - *promissory notes* delivered when drawn in favor of donor who then transfers it to donee .... otherwise a promise to deliver money in the future & not a gift - *bank savings deposit* delivered when bank book delivered IF bank book is the only way to access the funds in the acct - *safe deposit box* contents NOT delivered if box just held jointly with donee (donor still has dominion & control -- can remove the items at any time) - *automobile* delivered when donor indorses the certificate of title (e.g. I hand my car keys to my 16yo son saying, "I want you to have my car -- you always wanted it." The next day, I change my mind because I have no way to get to work. I can change my mind because the gift was not valid -- "delivery" requires indorsement of the certificate of title). (3) *Acceptance by Donee* - *presumed* if the gift is beneficial to the donee - *refusal* must be an express affirmative act

PROPERTY Finding Lost, Misplaced, or Abandoned Property Lost & Misplaced Property

*Lost* property = PP that the owner parted with accidentally and involuntarily with no knowledge of its whereabouts. *Misplaced* property = PP that the owner intentionally and voluntarily placed somewhere and then forgot about it. An *owner* who loses or misplaces his property does not immediately lose title to it. A *finder* is entitled to possession except against the true owner A person who *finds* lost property must report the finding or deliver the property to law enforcement in the jurisdiction where the property was found. - An *employee* who finds property while engaged in employment duties cannot keep the property -- his employer retains ownership. - Law enforcement will attempt to *contact* the true owner by first-class mail. - If the finder wants to *claim* the property if the true owner isn't found, the finder must give his name/address to the law enforcement agency. - If the property is not claimed by the true owner in *6 mos*, the finder may claim the property or it will be retained for use by law enforcement, sold at an auction, or donated to a charity. NOTE that these laws are applied to *treasure trove* as well - MI does not apply treasure trove CL. *For example* ~ - I went shopping all day. As I walk along the street carrying dozens of bags, I drop my wallet. Later, a pedestrian sees my wallet, picks it up, and takes it home. The pedestrian has possessory rights against everyone but me and must report finding my wallet to law enforcement. - I walk up to my neighbor's door and see an inscribed ring on the walkway. My neighbor has no idea who owns the ring. We immediately report it to law enforcement. If the true owner doesn't claim the ring in 6 mos, I can claim the ring as the finder (over my neighbor even though I found it on her property).

PERSONAL PROPERTY (PP)

*Moveable property*, usually personal possessions or items that are not real property, including: - *leases* for land for any period of time - *crops* (e.g. fruit, vegetables, grains that farmers/others plan for, plant, or cultivate) When land is conveyed, crops that grow on the land are *conveyed with the land UNLESS* otherwise indicated (by reservation) in the deed or a will *BUT* older mortgages on the land prevail over newer mortgages on the crops. *Former tenants* have the right to enter the land to cultivate or remove crops planted before T's interest was terminated IF: - the tenancy was for an *undetermined* period of time or a LE; or - the tenancy was *terminated* under conditions that were not T's fault. Real property can be *converted* into personal property by *severance*. Personal property can be converted to real property by *annexation* if the intent is to make the item a fixture [see Real Property--Fixtures].

PROPERTY Bailments Rights + Liability + Remedies

*Remedies* include actions for replevin, embezzlement, contract or tort claims, statutory action for claim or delivery (in MI), statutory conversion (in MI), trover, etc. - Bailee is entitled to *possession* of the PP IF he is acting within the bailment terms. Because bailee has the right to possession, he can bring an action against anyone who interferes with that right. - Bailee doesn't have a right to *use* the PP UNLESS bailor expressly agrees otherwise. - Bailee isn't liable for anything *concealed or hidden* (e.g. If a person leaves her car with a valet, the valet [bailee] is responsible for the bailment [the car]. If the person [bailor] left a laptop in the car's trunk and did not tell the valet it was there, the valet cannot be responsible for the loss of the laptop because the valet did not know it was there at the time the car was given to him). - Bailee not liable for *damage* to PP bc he doesn't insure the bailed goods UNLESS bailee is at fault or bailee is a hotel/innkeeper (then liable for damage to guests' PP UNLESS caused by an act of God, public enemy, or the guest herself). - Bailee is solely liable for *injury* to a 3P by the bailed property. - If a *3P* interferes with bailee's possession, bailee can bring a COA against the 3P (any "extra" compensation goes to bailor) - If bailor takes back the PP before the end of the bailment, bailee can bring a COA against bailor. - A *creditor* can't take PP from a bailee to satisfy a debt. - Bailee is *estopped* from denying or disputing bailor's title as an excuse for not returning the bailed item (bc returning the bailed PP is a condition of the bailment, so bailee can't assert a claim to it himself) - Bailor can bring a tort or contract COA (e.g. claim and delivery, conversion) against bailee for damaging or destroying the bailed PP while in bailee's possession, which creates a *rebuttable presumption* of negligence. Bailee can overcome presumption with evidence that the loss isn't bailee's fault, bailee took precautions to prevent the loss, or bailee exercised required level of duty - During the bailment, bailor CANNOT bring an action against a converter who converted the bailed PP from bailee because bailor didn't have possession when the PP was converted. BUT when bailment terminates, bailor can bring an action against a 3P converter.

PROPERTY Gaining or Losing Ownership Conversion

*Tortious Conversion* = Any distinct act of dominion wrongfully exerted over another's PP that is inconsistent with or in denial of the owner's interest in that property; occurs at the point that wrongful dominion is asserted *True owner* retains title to converted PP because a person must have *good title* in order to pass it on to another owner. A purchaser (includes a bona fide purchaser) who buys the PP from a converter doesn't get title and is liable to the true owner EXCEPT IF: - *money* or other negotiable instrument was transferred [see NI]; - the property owner intentionally transfers title to a *wrongdoer* who subsequently transfers title to a bona fide purchaser; or - the bona fide purchaser *truly believed* that the seller had the authority to sell the goods (NOT a bailment situation -- see Bailment cards] Then the bona fide purchaser DOES *acquire title* to the converted PP and is NOT liable to the true owner (e.g. I bring my heirloom watch to a jeweler for repair. He repairs it but puts it in his case to be sold, and a customer buys it. I cannot recover the watch from the buyer bc the buyer is a bona fide purchaser who truly believed that the jeweler/seller had the authority to sell the watch -- it was in his case) CONTRAST TO (e.g. I bring my heirloom watch to a jeweler for repair. He repairs it but it's stole from his shop before I can pick it up. The converter sells the watch on the Internet to an unsuspecting buyer. If I track down buyer, I can demand my watch back because I have title (jeweler was bailee who had possession only) and purchaser didn't truly believe that converter/seller had the authority to sell the goods -- the goods were sold on the Internet so purchaser can't point to context or other circumstances that made purchaser think that seller/converter had the authority to sell the watch).

PROPERTY Bailments Bailee Duties + Waivers

A bailee owes different *duties* to the bailor unless the parties agree otherwise: - Duty = *Slight Diligence (good faith)* if bailment is for sole benefit of *bailor* (i.e. bailee isn't compensated), so bailee only liable for gross negligence (e.g. I ask my neighbor to accept a UPS package for me; he agrees. Before I can pick up my package, a small fire in my neighbor's house destroys the package. The fire was caused by a frayed electrical cord on a lamp my neighbor intended to throw away. My neighbor is not liable because the bailment was for my sole benefit, and my neighbor wasn't grossly negligent) - Duty = *Ordinary Care* if bailment is *mutually beneficial* to both bailor & bailee (e.g. most commercial bailment situations including bailments to common carriers) (e.g. I take my ring to a jeweler for cleaning, but he doesn't put it in his safe at night, and a thief steals it from his shop. Jeweler liable for breaching duty of ordinary care. Jeweler [as bailee] or I can bring an action for Replevin or an action for claim & delivery (in MI) against the converter ... BUT if a tornado destroys the shop and everything in it, jeweler isn't liable bc an extraordinary act destroyed my ring, not jeweler's lack of ordinary care) - Duty = *Great Diligence (extraordinary care)* if bailment is for sole benefit of *bailee* (gratuitous) (e.g. A bails her car to B bc B doesn't have a car and needs to get to work. B lets her friends smoke in the car and sit on the car, causing internal and external damage. B is liable for the slight negligence & damage to the car). - Duty = *Strict Liability* if bailee doesn't comply with the bailment *terms* (i.e. uses the goods for a purpose that wasn't agreed to, moves the goods, fails to deliver the goods, or delivers the goods to the wrong party) (e.g. A bails her can to B so he can watch it while she is on vacation. A tells B that he cannot drive it. But B drives it anyway and gets in an accident. B violated the terms of the bailment, and A can sue B for damage to the car) Cts disfavor and will strictly construe *liability waivers*. - A liability waiver is NOT valid for *bailments for hire* or by *professional bailees* BUT can limit liability if bailor expressly consents - A *sign* posted by a bailee that limits liability IS NOT valid UNLESS bailee can prove that bailor read the notice or should have read it d/t its size and placement - A *claim check* is NOT a valid waiver or contract between the parties - Notice posted by a *hotel* that limits liability IS valid and hotel will only be liable for PP that a guest usually keeps in his room

PROPERTY Remedies

A person who has *title or right to possession* can bring a COA against anyone who interferes with that right. Under *CL*, a person wrongfully deprived of PP can file an action for replevin, conversion (trover), or trespass. *MI* codified the CL-remedies of replevin and conversion by statute. *CL Conversion (Trover)* = P (true owner) can bring a CL conversion action against D who wrongfully converted P's PP. - P recovers the value of the converted PP, not the PP itself. - Basically a forced sale of the property -- ct orders D to buy the converted PP from the P at FMV (of if no FMV, then value of PP to P) + interest + costs + reasonable atty fees - P can claim this remedy AND other remedies (e.g. remember the jewel case [Armory] from Property I ~ no replevin because D took the jewel and sold it; ct forced D to buy the jewel from P; no FMV because jewel's value couldn't be assessed, so awarded value of jewel to P) *MI Statutory Conversion* = P (true owner) can bring a statutory conversion action against D who steals, embezzles, or converts property; or buys, receives, possesses, conceals, or aids in the concealment of stolen, embezzled, or converted property when D *knew* the property was stolen/embezzled/converted (NOTE the state-of-mind element here -- converter must KNOW he is in unlawful possession) - P can recover *treble damages* + reasonable costs + atty fees - P can claim this remedy AND other remedies (e.g. I take my heirloom gold bracelet worth $2,000 into a jeweler for repair. Jeweler decides to melt it down and combine it with other gold that he plans to sell. I can bring a statutory conversion claim against jeweler for $6,000 + costs + atty fees). *CL Replevin* = P (true owner) recovers possession of the PP unlawfully taken or detained by D IF the PP still exists + damages (damages & restitution don't co-exist but this is 1 exception: may need action in replevin + damages if the property value decreased) *MI Statutory Action for Claim & Delivery* = Same as CL Replevin

PROPERTY Confusion of Goods

Confusion occurs when similar property owned by different people intermingles so individual shares can't be distinguished. - If the shares are *known* before being intermingled, then the parties are tenants-in-common of the mass of property in *proportion to each party's interest* (e.g. I am a corporate farmer and own my own grain storage at a local grain elevator that also holds grain for other farmers. My employee brings a truckload of wheat into the elevator, weighs it, and accidentally dumps it into a storage area that's not mine but contains other farmers' wheat that is being stored until sold. I become tenants-in-common with the other farmers because my wheat was weighed before it was intermingled, so my interest is known. - If the shares are*unknown* before being intermingled, then the parties are tenants-in-common of the mass of property with *equal shares* UNLESS the confusion was caused *intentionally* by an owner -- that owner must identify his shares or the mass (including his shares) belongs to the innocent owners.

PROPERTY Gaining or Losing Ownership Capture of Unowned Property

Wild animals are the *property of the people of MI*, managed by the state for the people's benefit. So an individual can acquire an interest in a wild animal only as the state permits. Can acquire possession of a wild animal by *capture* or by *exercising actual or constructive dominion & control* over the animal BUT NOT by mere pursuit (hunted but not caught) UNLESS the animal is *mortally wounded* and capture is inevitable (creates a vested property right). - An owner doesn't lose title when an animal *escapes* and *periodically returns* to the owner's land; or when the owner attempts to *recapture* an animal trying to escape. - An owner doesn't lose title to a *marked animal* that escapes IF the owner ties to recapture it. A person who *trespasses* and catches an animal on another's land forfeits his property right in the animal to the landowner (landowner has superior title to the animal over a trespasser). A person who *violates a state law* while trying to capture an animal loses his property right in the animal EVEN IF the person had permission (wasn't trespassing) (e.g. If a hunter doesn't have a valid hunting license and captures an animal, then the hunter loses the right to title in that animal; A hunter does not have a hunting license to kill deer but was given permission to hunt on a friend's property -- when the hunter kills a deer, it is not the hunter's PP bc he violated state law). A person who is convicted of *illegally* killing, purchasing, or selling game or protected animals (in whole or in part) must reimburse the state for the value of the game or protected animal.