An Owner’s Rights ‘Out of Possession’

Abstract This chapter addresses the complex issue of vindicating the rights of an owner of intangible property, highlighting the distinction between tangible and intangible property rights. It explores the concept of ‘taking’ intangible property, explaining that while such property cannot be physically stolen, it can only be transferred with the owner's consent, which may be vitiated by fraud or error. The chapter introduces the concept of a ‘proprietary base’ and explains when a transfer of intangible property can be impeachable and subject to reversal. It discusses the rights of owners to trace and follow their property in the hands of others, along with the complexities of multiple claims and remedies. Finally, the chapter concludes with an analysis of legal claims that can restore property rights, distinguishing between in rem and in personam claims.