3 methods of gaining and losing ownership in real property Flashcards

1
Q

1) Capture of wild animal

A

Generally If you capture a wild animal and establish dominion and control if it you own it

A wild animal is not cattle or a domesticated animal

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2
Q

However, the owner of a wild animal does not lose ownership if

A

1) the animal periodically wanders off and returns
2) the owner is actively attempting to recapture; or
3) the owner is marked the animal makes efforts to recapture

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3
Q

If you capture a wild animal while trespassing on someone else land

A

That does not = dominion or control

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4
Q

2) Creation

A

New property is created if
1) The work actually exists
2) the work is original
3) the work is “fixed” in a tangible medium of expression

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5
Q

Copyright

A

Protects the creator’s property interest of an idea for 70 years.

It is created automatically when the 3 requirements are satisfied

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6
Q

Patent

A

protects the creator’s property right in the application of an idea, after a creator files for a patent is lasts 20 years

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7
Q

3) Conversion

A

Conversion is interference by one person with the ownership interest of another’s personal property.

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8
Q

A BFP who takes lack of notice of the conversion gets good title if

A

1) The property is money or a negotiable instrument
2) The converter acquired tile by fraud in the inducement; or
3) The true owner ensured the goods to a merchant and the purchaser is a buyer in the ordinary course of the seller’s business

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