Acquisition of Property Flashcards
Ferae Naturae
Wild animals in contrast to domesticated animals
Ratione Soli
The right to take possession of wild animals belongs to the owner of the land where the animal may be found
Rule of Capture
Possession can be established by a pursuer not in actual possession by mortal wounding of such beast, by one not abandoning his pursuit, or by entrapping it
How can one be in possession of ferae naturae?
- corporal possession
- rationale soli
Conversion
The wrongful dominion over the personal property of another
Elements of Conversion
- Intentional
- Actual interference over the property of another (even if the property was obtained lawfully)
Popov v. Hayashi
Where an actor undertakes significant but incomplete steps to achieve possession of a piece of abandoned personal property and the effort is interrupted by unlawful acts of others, the actor has a legal cognizable pre-possessory interest in the property. That interest constitutes a qualified right to possession which can support a cause of action for conversion.
Armory v. Delamirie
Law of Finders
Law of Finders
The prior possessor of an item always defeats the subsequent possessor as long as neither are the rightful owner.
Hannah v. Peel
A man possesses everything which is attached to or under his land. A man does not have possession to a thing which is lying unattached on the surface of his land.
McAvoy v. Medina
When a person finds an item that has been voluntarily placed in a shop and then neglected to be removed, the person acquired no property rights and thus had no right to demand it from the owner of the place. The owner has possession.
Abandoned Objects
The finder has absolute rights over the object
What role do statutes of limitations play in determining ownership of real property?
Fix the period of time beyond which the owner of land can bring an action or engage in self-help for the recovery of land from another person in possession
