Prop Outline - (BF).docx - (1 Basics of Property a What is...

(1)Basics of Property
a. What is property?
3. Potential subjects of a property interest

(2)Acquisition of Property Other Than by Voluntary Transfer
a. Law of Discovery ( Johnson v. M’Intosh )
i. Ownership goes to first European Discoverer
ii. Any country that is not occupied by Christian people can be discovered
iii. First in Time rule not applied ; Only applies to Christian Europeans
b. Rule of Capture
i. Animals ( Pierson v. Post )
1. If on public property, mortally wounding it; maiming it; rendering its escape
virtually impossible
2. If on private property, landowner “constructively” possesses it based on ratione
soli (discourages trespassers)
a. NOTE – We allow custom if relevant ( Ghen v. Rich )
ii. Oil and Gas
1. Treated just like animals
2. If it “escapes” they are no longer owned by the person whose land they are
underneath; become common property again
iii. Water
1. Ground water
a. Belongs to the owner of the land it lays beneath
2. Surface water
a. Belongs to person who first appropriates and puts it to reasonable and
beneficial use
3. Two Doctrines
a. Riparian Doctrine – Belongs to those who own land boarding the
watercourse
b. Appropriation Doctrine – Belongs to the one who first finds and makes
productive use
c. Acquisition by Creation
i. Intellectual Property – Ideas
ii. Copyright – Covers musical, artistic and literary works; No need to register; Low
standard; Duration is life of author plus 70 years after he or she dies
iii. Patent – Higher standard than copyright; duration is 20 years
iv. Persona/Identity – White v. Samsung
d. Acquisition by Find
i. RULE – A finder is entitled to possession over everyone
1. Exceptions = True Owner AND Previous Possessors
2. Facilitates the return of a found item to its rightful owner while honoring finder’s
reasonable expectation that they will not be divested of their possession by
anyone other than the item’s true owner
a. Thus: A (Rightful Owner) > B (Finder/Prior Possessor to C) > C
(Finder/Subsequent Possessor to A and B)
ii. Items found in public/quasi-public places
1. Apply lost/mislaid doctrine
a. Lost or Abandoned item – goes to finder
i. Unintentionally fell off a person, dropped w/o noticing, etc.