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Unformatted text preview: Property Outline Rights associated with property: 1. the right to possess : using the notion of possession gave rise to property interest a. One can own something without possession. b. Owning without the right to possess: i. leasing an apartment ii. bailment (lending a book): owning something but giving up the right to possess temporarily to someone else. iii. incarcerated (police in custody of property) c. may be associated with regular notions of property 2. the right to alienate (inter vivos: rights during life) a. the right to sell b. the right to transfer c. the right to gift d. the right to loan Something that is owned but not alienable is a license. Purpose is to be able to change unwanted property for wanted property. 3. the right to transfer at death (intestation) 4. the right to destroy (limited) 5. the right to exclude (w/ limitations) Review bundle of rights page 37. ACQUISITION BY DISCOVERY- Discovery leads to ownership through possession. Rule of priority. Here plaintiff did not own the land, did not have right to exclude or eject anyone from the property. Mere occupancy does not rise to property rights. - Johnson v. Macintosh , Acquisition by discovery. Action for ejectment for lands in Illinois claimed by s under a purchase &amp; conveyance from Native Americans (NA) by , under a grant from the U.S. Issue: whether NA had right to x-fer title. This was a suit to quiet title. Found that NA were occupying land and US govt had property right by discovery. Here the NA did not improve on land. - The Law of Accession: page 16. A. If you add value to the property of another through your labor you may sell it and pay damages to owner. B. If no value then no issue. ACQUISITION BY CAPTURE A. W ILD A NIMALS- Pierson v. Post, acquisition by capture, Post chased a Fox and Pierson came out of the bushes and killed it. Post brings suit. Mere pursuit will not constitute taking possession. Post in pursuit of fox. Pierson killed the fox and took it away. Considerations by the court: unowned property, sport and foxes are bad. - Majority holding: must be in pursuit, a mortal wound and captured in some way. SI Property I Outline for Seplowitz 1- The Court created such a rule for certainty, to provide order and minimize disputes. - No one owns wild animals, there for the taking absent government regulation can result in ownership. - Ghen v. Rich, shot whale w/ specific type of bomb lance. found whale and sold it. brought suit. Court used industry standard to determine property rights when: 1. limited to industry 2. unlikely to disturb general using of right in society 3. failure to do so would destroy industry - Court does not require possession to give a property interest and accepts the local custom....
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This note was uploaded on 04/17/2008 for the course LAW ? taught by Professor Harmon during the Fall '08 term at Touro NY.
- Fall '08