Prop Outline - (BF).docx - (1 Basics of Property a What is property i Property is the bundle of rights duties and expectations that exist with respect

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

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(1)Basics of Propertya.What is property? 3.Potential subjects of a property interest
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(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.
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  • Spring '14
  • AngelaC.Carmella
  • i., Leasehold estate, Fee simple, Deed, Real property law, Future interest

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