PropertyOutlineSpring2007

PropertyOutlineSpring2007 - Property Outline Spring 2007...

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Property Outline Spring 2007 Acquisition by Discovery I. Johnson v. M’Intosh Competing title claims; Π land from Indians, Δ land from govt. a. General principle discovery gave title to govt who foundland; U.S. got title b/c it passed from Euro nations. b. U.S. got land from Britain after revolution title by conquest; states ceded land rights to govt; land here was ceded to govt. by VA; even though Indians occupied it govt owned it; only way to acquire good title was by obtaining it from the govt. c. If court allowed claim of title to be traced back to Indians then shadow cast on all right of property of U.S. citizens; only govt. allowed to take right of possession from Indians Indians had right to occupy land but no right to title/ownership d. Natural right/law certain legal principles are part of human nature Acquisition by Capture I. Rule First in time wins. Whoever first captures unknown resource entitled to resource II. Appropriation is taking something from nature, holding/capturing it, making it your property. Excession is taking something from nature and converting it to your own. a. If captured, belong to captor. But must be captured; chasing is not enough b. Pierson v. Post; ferae naturae wild by nature i. Did Post’s pursuit give him right to property ? No, Pierson won ii. Reasoning; 1) foster competition to kill so captor is rewarded 2) capture is easier to determine than pursuit iii. Dissent felt hunters should determine case; get benefit of labor c. if animal is mortally wounded or trapped, so as capture is virtually certain, animal treated as captured captor acquires possession if uses reasonable precautions against escape III. Keeble v. Hickeringill a. Ratione soli if you own soil/land then right to wild animals on it until they leave the property fugitive resources i. Right to keep trespassers off your land; to a general extent can cross another’s land as long as you are not explicitly prohibited ii. Rule a competitor who wants to capture the animal can interfere but a person who does not want to capture cannot interfere iii. Δ acted maliciously; Different from where one competes with another in a way of fair and free competition (schoolmaster) b. Ghen v. Rich custom usage sustained in precedent cases i. Π bomb lance in the wahle; Lance had markings of Π; someone familiar with the local industry would have known who killed the whale ii. Boat that killed whale got the whale even though boat not around when whale washed up; this custom advanced the killing of whales iii. Role of custom here was good for the economy; “firm possession by owner” or “iron holds the whale” or “fast fish/loose fish” c. captured wild animals that develop an animus revertendi (right of return) still belong to captor when roam at large; reason domesticated animals valuable to
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society and effort to tame is rewarded how does hunter know apparent wild animal domesticated? d.
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This note was uploaded on 04/17/2008 for the course LAW ? taught by Professor Harmon during the Spring '08 term at Touro NY.

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PropertyOutlineSpring2007 - Property Outline Spring 2007...

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