Property Outline 1_CCP - I. Acquisition of Property Rights...

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I. Acquisition of Property Rights A. Un-owned things 1. Discovery, capture, creation, right to exclude B. Acquisition by Capture (First Occupancy) 1. Pierson v. Post ( Who owns the fox?) a) Requires actual possession, mere pursuit is not enough. b) Majority- Rule of law- With wild animals you get property rights only through occupancy. 2. CA Civil Code §656 a) “WILD ANIMALS. Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them, or when tamed, or taken and held in possession, or disabled and immediately pursued.” b) FIRST IN TIME- First occupancy. Idea that the only way to gain ownership of un- owned things is to take possession first. 3. Ghen v. Rich (who owns the whale?) a) CUSTOM. Local custom was used to determine legal property rights in this case. b) The hunter did all that he could to establish possession- marking of whale with identifying lance. c) Constructive possession (Find definition) d) The way we acquire property that is previously un-owned is to exercise control- taking its liberty and having the ability to prevent others from taking control. C. Acquisition by Find 1. Abandoned Property-General Rule a) Property to which true owner has voluntarily given up ownership. Finder acquires title, unless… (1) Trespassers not likely to be rewarded with (2) Owner of the land on which it is found may have a strong and reasonable expectation of ownership. (3) Statutes can also modify the rule. Property I Jorgensen, 2006 1
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2. Lost or Mislaid Property- General Rule- a) A finder’s title is good against the whole world except the true owner, prior finders, and (occasionally) the owner of the land where it is found. b) Armory v. Delamirie (1) Boy was considered peaceful possessor; court said that he had property rights in the jewel against all but the true owner. (2) Peaceful possession creates presumption of ownership. Requires intent, apparent physical capacity, ability to exclude others. A physical ability to control. (3) Lost- TO involuntarily or unintentionally parts with possession. (4) Mislaid- owner intentionally places the object but then left it. Voluntarily placed. c) Finder v. Landowner (1) Lost- Finder gets it, mislaid-landowner gets it (2) Employee or invitee loses against the landowner. (If the finder is a social guest and the item is lost, can argue that they win) (3) Hannah v. Peel - Brooch. A man possesses everything which is attached and under his land, however he does not necessarily possess a thing which is unattached on the surface of the land even though the thing is not possessed by someone else. Landowner never had intent to possess, finder gets the brooch. (a) Bridges : Honest P., loose item, Land Owner in Control of the shop, but unaware of the lost item- Court : The finder of a lost article is entitled to it as against all but the real owner, the place of finding being of no legal difference. (Within a shop) (b) Staffordshire : Rings found in pool. Land Owner was not aware of
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This note was uploaded on 04/30/2008 for the course PROPERTY 101 taught by Professor Lew during the Fall '08 term at Florida Coastal School of Law.

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Property Outline 1_CCP - I. Acquisition of Property Rights...

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