Acquiring Rights / Acquisition of Property Flashcards
Discovery
Capture of Land
First in Time to Possess
Possession
A conclusion, not a fact
Major Rule of Property
Rules favor productive activity
Mere Pursuit
First in time, reasonable prospect, certain control
Pierson (Fox)
Industry Standards
Industry standards and marks of appropriation help to get certainty
Ghen v. Rich (Whaling)
Constructive Possession
Introduced to promote good acts and discourage bad acts
Rule of Increase
Partus Sequitur Ventrem - The offspring follows the condition of the mother
Native / Non-Severed
Barnard Rule
-Drill baby Drill
Union Oil Rule
-Prevent Excessive Drilling by seeking injunction
Severed (captured) / Reinjected (Not like wild animals)
Heavily Regulated
(Heavily) Encouraged by law
a. Ownership maintained
b. Not liable for damage if “moves” to other property
Ground Water
English Rule - Absolute Control
v.
American Rule (Majority) - Capture plus reasonable control
Surface Water
Prior Appropriation - capture & first to put it to reasonable use
v.
Riparion Rights - Rights limited to not interfering with owners
Lockean Labor Theory
Labor is your own
If you use that to make something out of raw materials, it is yours
Laws of Accession
Horse Shit
Accession - acquiring rights to new chattels through creation
Laws that relate to creation of chattels
Laws of Accession Scenarios
Flower Boxes”
Laborer owns chattel IF
1. Adds sufficient value to raw materials AND
2. Not willful in using others’ raw materials
“Painting”
Laborer owns chattel IF
1. Contributed the principle component regardless of willfulness UNLESS
2. Raw materials are separable
