Acquisition of Property

Question 1

Rule of Capture

Answer 1

One succeeds in acquiring a property interest in wild animals hunted on public land by mortally wounding an animal, or so maiming or ensaring it as to render it its escape impossible. Pierson v. Post.
Application of the first in time rule.

Question 2

ratione soli

Answer 2

Capture on private land is governed by ratione soli. Wild animals or other natural resources captured on private land belongs to the landowner, not the captor. Keeble duck decoy.

Question 3

Discovery

Answer 3

Original title to property can be established through discovery.

Question 4

Creation

Answer 4

Some courts have allowed property rights to emerge when an individual exerts substantial labor into something. The principle of creation adheres to the Lockean assumption that every person owns their own labor.

Question 5

Accession

Answer 5

Like creation, accession rests on the Lockean assumption that every person owns their own labor. It provides that when someone mistakenly takes up a physical object that belongs to someone else and transforms it through her labor into a fundamentally different object.

Question 6

Adverse Possession

Answer 6

When the statute of limitations expires and there has been a trespass which was:

1) Actual
2) Continuous
3) Open & notorious
4) Exclusive
5) Hostile

Question 7

Actual

Answer 7

The AP must make an actual physical entry onto the premises

Question 8

Continuous

Answer 8

Uninterrupted for the statutory period

Question 9

Open & Notorious

Answer 9

The sort of possession that the usual owner would make under the circumstances. Must be visible.

Question 10

Exclusive

Answer 10

There cannot be multiple trespassers

Question 11

Hostile

Answer 11

Acting in a manner that is inconsistent with the true owner’s right. Permission always defeats AP.