3 methods of gaining and losing ownership in real property Flashcards
1) Capture of wild animal
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
However, the owner of a wild animal does not lose ownership if
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
If you capture a wild animal while trespassing on someone else land
That does not = dominion or control
2) Creation
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
Copyright
Protects the creator’s property interest of an idea for 70 years.
It is created automatically when the 3 requirements are satisfied
Patent
protects the creator’s property right in the application of an idea, after a creator files for a patent is lasts 20 years
3) Conversion
Conversion is interference by one person with the ownership interest of another’s personal property.
A BFP who takes lack of notice of the conversion gets good title if
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