This preview has intentionally blurred sections. Sign up to view the full version.View Full Document
Unformatted text preview: Property (8/21/07 & 8/23/07) – 1 st Possession Real property – land o Ownership and control of the host of other natural resources like wild animals, water and minerals, peace and quiet, clean air, and open space Personal property – property other than land o Tangible o Intangible Discovery – by acquisition; the “sighting” or “finding” of unknown or unchartered territory Conquest – taking of the possession of enemy territory through force, followed by annexation of the defeated territory by the conqueror Conversion o Intentional o Wrongful exercise of dominion, over the personal property of another Trespass to Chattel o Personal property has been damaged o The defendant has interfered with the plaintiff’s use of the property Injunction – order by the court to do something or to stop something Constructive trust – equitable remedy that a court imposes against one who has obtained property by wrongdoing Abandoned property becomes someone else’s property once they come into possession of said property Pre-possessory interest – constitutes a qualified right to possession which can support a cause of action for conversion Cloud on title – a defect or potential defect in the owners title to a piece of land arising from some claim or encumbrance (i.e. lien, judgment from lawsuit) “Bundle of sticks” – property rights are made up by a “bundle of rights”; these rights may be total or partial and they may be present or for the future o Right to transfer o Exclude o Right to possess o Control Ownership – right to possess a thing, regardless of any actual or constructive control Legal Positivism – all rights generate from the gov’t Natural Law – unless people gives the rights to the gov’t to own the land, than it belongs to the people 3 Theories o 1 st occupancy – 1 st in time, 1 st in right o Labor-desert theory – someone improves the property, they will receive some right o Utilitarianism (law/economics approach) – best policy which does the most good for the greatest number of people Farae Naturea – contrary to utilitarianism Boot-strapping – reaching a conclusion from questionable premises Inchoate title – incomplete title (8/28/07 & 8/30/07) – 1 st Possession cont’d Constructive possession – control or dominion over a property without actual possession Ferae Naturae – Wild animal only possessed when dominion and control are over it (pursuit is not possession) o Ratione soli – expansion to ferae naturae rule: the landowner has constructive possession of the wild animal because the wild animal is on their land or control over it Animus revertendi – exception to the ratione soli rule: when the animal leaves the constructive possession of the land owner, under animus revertendi, the original possessor does not lose his title if the wild animal has a habit of returning Fugitive resources (water, gas, oil etc.) were settled in the terms of capture by the Fugitive resources (water, gas, oil etc....
View Full Document
- Fall '08
- Possession, Adverse possession