Property1-FN - I. The Rule of CaptureA. WILD ANIMALS...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
I. The Rule of Capture- A. WILD ANIMALS General Rule for obtaining occupancy from Pierson is that capture is required by one of the following: 1. Depriving animal of natural liberty , 2. Traps rendering escape impossible ( Mackerel case ) , or 3. Mortally wounding the animal. Continued pursuit not enough because there is no corporal possession. Exceptions to General Rule: a. Vast industry (case of rare fox pelt) - Cannot acquire because reasonable expectation is that someone already has ownership. b. Custom (slain whale in Provincetown killed and anchored and left with marks of appropriation)- The requirements from Pierson are not required because they may not be possible under the circumstances. Cannot acquire because reasonable expectation is that someone already has ownership. c. Trespassers on private land cannot obtain possession due to Rationale Soli (owner of land has constructive possession over everything that is in or on the property with fixed habitat) Example: Mussels are fixed on landowners property and he can recover value of mussels but not value of buttons d. Rare Animal - reasonable expectation is that it is property of someone else Escape rule= For animals of ferae naturae, only a qualified right of property can be acquired in them, a right which is wholly lost when, escaping from their captor, they resume their former freedom ( not necessarily natural habitat) with no intention of returning (animus revertendi.) Exceptions: a. rare animal exception- out of place animal (elephant on Union Turnpike) b. malicious interference of livelihood. Would be different if interference was due to competing business (Keeble v. Hickeringill) c. Domesticated animals must be returned to owner (Chester the parrot). Animal is domestic if it is subject to discipline and training.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
d. Hot pursuit - if owner is in hot pursuit of escaped animal and has not mentally abandoned it, he has not lost possession (sea lion escaped and owner looked for it continuously) Liability= Owners are absolutely liable even after the animal escapes-liability remains until there is new owner B. FUGITIVE RESOURCES 1. Oil and Natural gas: belong to owner of land but when they escape, and go into other land, or come under another’s control, the title of the former owner is gone. II. Finders- General rule: finder has title to found property against all but the true owner and prior possessors. 1. Lost Property - If a finder asserts dominion over a lost object, they become a gratuitous bailee for the true owner If found on O’s land : Owner must have actual OR constructive possession to prevail. A person has constructive possession of everything attached to or under his land but not necessarily everything that is unattached on the surface of his land. Example:
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 16

Property1-FN - I. The Rule of CaptureA. WILD ANIMALS...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online