Term
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Definition
Is it a property right interest that should be protected?
Define property/rationale
Elements go through fact pattern
is/is not a property right that needs to be protected |
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Term
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Definition
| is the legal rights among persons with respect to things. |
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Term
| Classification of Property |
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Definition
Real v. Personal
Tangible v. Intangible |
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Term
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Definition
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Term
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Definition
| anything other than real property |
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Term
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Definition
| Property you can physically touch |
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Term
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Definition
| Your ideas, your persona, etc. |
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Term
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Definition
1. Posses/Occupy
2. Use/Exploit
3. Exclude others
4. Transfer
5. Modify/Destroy |
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Term
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Definition
1st Possession
Subsequent Possession |
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Term
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Definition
1st in Time Rule - the person who first has it owns it
- Acquisition by Conquest/Discovery
- Acquisition by Capture
- Acquisition by Creation |
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Term
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Definition
Property already owned by someone else, subsequently comes into the possession of another.
- Acquisition by Find
- Acquisition by Adverse Possession
- Acquisition by Gift |
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Term
| Acquisition by Discovery/Conquest |
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Definition
Taking something via force and they submit to authority due to force.
Johnson v. M'Intosh |
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Term
| Acquisition by Capture (Wild Animals) |
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Definition
| Property in wild animals is acquired by occupancy, meaning at least MORALLY WOUNDING or CAPTURING from a distance, and at most physical possession. |
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Term
| Possession as to Acquisition by Capture (Wild Animals) |
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Definition
| You have it, you touched it, you can lock it up. |
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Term
| Rationale Soli as to Acquisition by Capture (Wild Animals) |
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Definition
| Refers to constructive possession. When a wild animal comes on to your property then you have constructive possession of that animal until the animal wanders away. The ONLY time it isn't is when it is mortality wounded by another and then it wandered onto your property then it will be acquisition by capture. |
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Term
| What if animal is not behind lock and key? |
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Definition
- Mortal Wounding
- Encompassing or Securing
- Look into the Mind of the Possesor |
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Term
| Looking into the Mind of the Possessor - Acquisition by Capture |
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Definition
| A showing of intent to appropriate the beast or deprive the animal of it's natural liberty. |
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Term
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Definition
What re the customs that are recognized in that specialized industry (special knowledge training);industry must be small
everyone in the industry must known what to do; Could be regional, national or global.
Must be crucial to maintain this for the industry
Must be undisputed in the community &
1st Taker must perform any tasks necessary for appropriation |
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Term
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Definition
Encourages competition and ensures the beneficial uses of resources.
Elimination of nuisance, overpopulation of undesirable animals that are burdening the land.
Ease of administration, Pierce v. Post, setting up a rule that is easy to follow and promotes the efficiency of the court system when determining capture. |
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Term
| Competitor v. Non-Competitor |
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Definition
| Acquisition by Capture ONLY |
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Term
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Definition
| Allows a competitor who also seeks to capture an animal to interfere with others mere pursuit. |
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Term
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Definition
| Person who does not seek to capture an animal but merely interfere with the others capture of that animal. They seek to disrupt the efficient use of the resources and must be stopped. |
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Term
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Definition
Property Right in One's Idea
Property Right in One's Person
Property Right in One's Persona |
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Term
| Property Right in One's Idea (Creation) |
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Definition
| Intellectual property rights - property in your ideas. Includes copyrights, patents and trademarks but it may also cover property in a persona. |
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Term
| Property Right in One's Person (Creation) |
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Definition
| You have a right to your body and your body parts unless your body parts are removed then you lose the right unless legislature says something about it. i.e. eggs, sperm, etc. |
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Term
| Property Right in One's Persona (Creation) |
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Definition
| Need consent from the individual if you do something that reminds or could confuse public of the individual. Must limit their ability to market or sell. The right to control your voice, your look, your image. |
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Term
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Definition
| Title of Finder is good as against the whole world BUT the true owner. The True Owner supersedes overall. They hold superior rights to the item. |
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Term
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Definition
| Someone that takes possession of lost property that is owned by another w/out permission |
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Term
| Possession must show: (For Find) |
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Definition
| Intent to control the property AND an act of control |
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Term
| 4 Categories of Found Property |
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Definition
Lost
Misland
Abandoned
Treasure Trove |
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Term
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Definition
| True owner is separated from property unintentionally either through NEGLECT or INADVERTENCE |
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Term
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Definition
| True owner intentionally places the property in/on a certain place with the expectation to retain ownership but fails to reclaim it or forgets where he put it. |
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Term
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Definition
True owner must have INTENTIONALLY and UNEQUIVOCALLY relinquished all right and title in the property.
As more time passes, the likelihood of abandonment increases
Thus, if finder finds it, he is the new owner and the original owner has no legal right to demand its return.
Once abandoned it is abandoned for infinity. |
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Term
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Definition
Any money or coin, gold silver plate or bullion hidden in the earth.
Not likely in USC to be classified this way. |
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Term
| What influences the court's decision about a finders rights? |
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Definition
Presumed intent of the original/rightful owner
Location where the property is found AND
Status/ID of the competing claimants |
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Term
| General Rules for Finders |
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Definition
Object found in a private house or embedded in the soil of private land belong to the landowner; not the finder
Status of the finder important - whether they are the finder; an employee or a trespasser. |
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Term
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Definition
An amalgamation of statutory and judge-made law.
Examine both statutes and case law.
If claim for adverse possession is successful...true owner is barred from right in property. Adverse possessor obtains title in property. |
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Term
| When does Adverse Possessor obtain new title? |
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Definition
| Begins when you have actual entry!!! |
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Term
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Definition
Actual Possession/Entry
Notorious/Open
Continuous/Uninterrupted
Hostile/Under Claim of Right
Exlusive |
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Term
| A'NOCHE + Possession + Passage of Certain Amount of Time = |
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Definition
| Adverse Title (i.e. successful, adverse possession) |
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Term
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Definition
You physically possessed that property.
Acting like you own it.
Starts the SOL for which the true owner must act |
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Term
| Actual Possession 2 Part Test |
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Definition
Majority Approach
Minority Approach |
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Term
| Majority Approach for Actual Possession |
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Definition
| In order to prove actual possession you must use property as a reasonable owner would use the property. |
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Term
| Minority Approach for Actual Possession |
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Definition
STRICT - Statutorily prescribed behaviors - MUST:
cultivate the property
improve the property &/or
Enclose the property |
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Term
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Definition
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Term
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Definition
| Owner should be of notice. Possession must be obvious enough that "hey I'm the true owner and I have a right to be here." |
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Term
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Definition
| Plain sight for public notice. Cant' be hidden, stealthy. Acts will constitute reasonable notice to the owner that she is claiming dominion so that the owner can defend his rights. |
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Term
| Continuous & Uniterrupted |
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Definition
Have to use in same manner that an owner would use in the same period of time.
Uninterrupted not consecutive, just uninterrupted. The original owner cannot interrupt otherwise it starts over. |
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