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					Acquisition of Property
Acquisition by Capture - First in time:
o o o first person to take possession of the thing owns it a prior possessor prevails over a subsequent possessor wild animals o capture of wild animals requires capture rather than pursuit o if wild animals are captured, they belong to the captor (fox)  capture is required to  pusuit is not enough  wounded or trapped animals  enough: mortally wounded or trapped so that capture is virtually certain  not enough if in process of being trapped  interference (ducks):  person who does not want to capture the animals can not interfere o custom (whale)  in some hunting trades, a custom, which is thought more ineffective in getting animals killed, may dictate a different result o Animus Revertendi (habit of return)  belong to the capture when they roam at large  not available for capture by another o No animus revertendi  If no animus revertendi animal escapes, the captor loses possession  but if the animal is not native to the area, a hunter may be put on notice  hunter can not capture discovery of caves o land owner owns the earth below the surface as well as the sky above o gave extending under two or more surface tracts does not belong  to discover, or  to the owner of the engines rights to oil and gas o oil and gas are fugitive resources (analogous to wide animals) o a land owner can extract (“capture”) all the oil and gas from a well bottomed under the land owner's land  even if the oil and gas may be drained from neighboring land Water o Reasonable use

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Acquisition by Creation
o o Rule: a person can acquire property by creating it intellectual-property  property created by exercising the mind  copyrights, patents, trademarks  make other property and ideas or a persona  Copying and Imitation  CL allows copying and imitation (Silk) o to encourage competition and avoid monopoly  Right of publicity: may not use a celebrity's name, likeness, voice  Quasi-property interest in news (news)  news agency gathered news - can prohibit competitors from disseminating it until its commercial value as news has passed away

Acquisition by Find
o Rule: in owner does not loose title by losing the property  the owner's rights persist even though the article has been lost or mislaid  finder has superior rights to anyone but the true owner (chimney sweep)  prior possessor has superior rights o even if he was trespasser or thief  true owner prevails over possessor who prevails over subsequent possessor possession is not ownership; ownership = title  possession true by physical control and the intent to exclude others Honesty: the law protects a finder reports the find rewarding labor in returning a useful item to society constructive possession  Law treats person as if he is in possession even though he is not aware of it  owner or occupant of premises may constructively possess something on the premises of which he is unaware  a land owner is in constructive possession of objects located under the surface of her land o Ex: B finds ring at bottom of A’s pool. Ring belongs to A. Finder vs. Owner of premises  Trespasser: if finder is trespasser, owner prevails  EE: a finder is an EE and found on ER’s property, “acting for” EE. Belongs to ER  Found under soil: belongs to owner of the premises  Exception: Treasure trove o intentionally buried or concealed in the soil with intent of returning to claim it o Some cases: goes to finder; others: goes to land owner.  Private home: usually awarded to the owner of the home  Ex: A finds a diamond saying under the sofa. Home owner is in constructive prior possession  Exception: owner not in possession o if the owner of the house has not moved into the house, owner of the house is not in constructive possession  Ex: Peel’s house requisitioned by army before he moved in. Occupant found ring. Ring belongs to finder.  Public Place  Is it mislaid, lost, abandoned? Lost Accidentally and Finder entitled to possession casually parted with (except when he is trespasser, EE, possession and does guest) not know where to find it Mislaid Owner intentionally Owner of premises entitled to placed property in the possession against all the world spotlight is found and but not the to owner forgot it Abandoned Owner voluntarily Finder obtgains both possession and intentionally and title relinquished ownership with intent to give up title and possession

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Acquisition by adverse possession
o o o if within the number of years specified by the statute of limitations, the owner of land does not take legal action to eject a possessor who claims adversely to be the owner, the owner is that after barred from bringing an action in ejectment AP acquires title by a long, uninterrupted possession  title acquired cannot be recorded in the courthouse  AP must buy a quiet title action against the former owner disabilities of owner:  additional time to bring an action if owner is under disability  limited to disabilities specified in statute (e.g. infant, insane, imprisoned)  only disabilities of the owner at that time of the adverse possession begins don't  death removes the disability  Ex: A enters in 1980. O is 2 yrs. SoL = 21 or 10 yrs after disability. If O dies at 12. O’s heir must bring action by 2000. But since the 21 yr does not expire until 2001. The heir has until 2001. Future Interest: SoL does not run against a remainder existing at time of entry.  Because the remainder future interest holder has no right to eject an AP)  Ex: To A for life, then to B. B has a remainder. If X, an AP, enter enters during A’s life, SoL starts running against B when A dies.  But if the AP starts before O creates the future interest, then SoL starts running against A at entry time. Chattels  SoL is shorter  NY Rule: SoL does not begin until owner knows who has the goods and makes a demand for return of the goods that is rejected.  Due diligence/Discovery Rule: SoL does not begin to run on stolen goods as long as owner continues to use due diligence in looking for them.  Conduct of the owner, not possessor, is controlling  Cause of action accrues when O first knows or reasonably should know through the exercise of due diligence where the stolen goods are.  Ex: (O’Keefe) SoL starts to run immediately at time of theft unless O can show due diligence and failed to locate the painting. If O can show due diligence, then SoL starts to run when she locates the painting.  Bona Fide purchaser of stolen goods not protected against claims by owner unless SoL has ran out. Remedies  Personal Property Actions:  Trover: Action for $ damages (value) resulting from conversion  Replevin: An action to recover the possession of personal property taken or withheld from the owner unlawfully  Real Proeprty Actions:  Ejectment: similar to Replevin (return of real property)  Trespass: Similar to trover (damages) Elements  (E) Actual Entry giving exclusive possession  entry triggers the cause of action  constructive possession of part: if there is actual entry on part of the land described in a be, the possessor may be deemed in constructive possession of passed  exclusive: not sharing with owner or the public  (O) Open and Notorious  gives owner reasonable notice that AP is claiming dominion  acts from which an observer would infer the actor is claiming ownership  acts appropriate to the condition, size, locality of the land

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farmland: fencing, cultivating, enacting a building wild/undeveloped land: hunting, fishing city land: it action of a fence or a building Minerals o AP of the surface includes possession of the minerals o if the minerals have been severed by sale to another prior to entry of the at the possessor the surface, possession of the surface does not take possession of the minerals (H) (Hostile) Adverse and under claim of right  hostile = without owner’s consent o this requirement assures us that actual owner is not lulled into believing in occupant would make no claim against him o objective or subjective test?  Objective: AP’s state of mind not important  Subjective: AP must have a bona fide or good faith belief that he has title  color of title o claim founded on a written instrument (deed, will)  instrument is defective and invalid  Ex: forged name; GOR not owner; GOR is incompetent  GEE without knowledge of defect takes possession o when a person enters with color of title, no further claim of title or proof of adversity is required  color of title satisfies the adversity requirement o AP deemed to be in AP of entire property described in the instrument provided the tract of land described in the deed is recognized in the community as one defined parcel of land  But if no Color of Title, then only part of land actually occupied or controlled  Ex: X forged deed to A. Deed described Blackacre (owned by X) and Whiteacre (Owned by Y). A enters and moves into farmhouse on Blackacre. He has actual possession of farmhouse and constructive possession of Blackacre. No possession at all of Whiteacre.  boundary disputes o oral agreement to settle uncertainties is enforceable o long acquiescence is evidence of an agreement o estoppel: B makes representations about location of boundary on which A relies. B is estopped to deny the validity of his statements or acts.  Mistaken improver o Ex: A builds a bldg or part of a bldg on O’s land (before SoL runs out) o At CL: O has right to force A to remove encroachment o Modern View – Good Faith improver  A keeps encroachment if he pays damages to O  Bldg goes to O if he pays A fair value o Intentional encroachment  Must remove encroachment if neighbor demands (C) Continuous  degree of occupancy and use is that of average owner for the particular type of property  entries are not just a series of trespass is  seasonal use

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use of a summer home only getting a summer is continuous use grazing cattle in summer if land normal use this way be sure to analyze any intervals when the adverse possessor is not using the property. Decide whether the use is consistent with the type of property involved abandonment: intentional relinquishment of possession o continuity of adverse possession is lost o if there are intervals when adverse possessor is not using the property, you must consider his intent. Tacking o tacking on to any period of adverse possession) as an interest o Tacking allowed when there is privity of estate  privity means: possessor voluntarily transferred in estate in land or physical possession  Ex: A an AP sells to B. B can tack A’s time. o Ousting is not privity  if after being ousted, A manages to reenter and is young possession, A can tack her previous time.  The SoL is tolled while she is dispossessed. o Abandonment is not privity  tacking not permitted once adverse possession has begun to run against O, it sounds against O and all his successors in interest If O reenters the land openly and notoriously for purpose of regaining possession, and interruption has occurred

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