Acquisition of Property

Question 1

The Rule of Capture

Answer 1

the first person to take possession of a thing owns it

prior beats subsequent

1st beats 2nd

Question 2

Exception of Capture

Answer 2

Mortally wounded or trapped animals are treated as capture - pierson v post

Question 3

Custom exception of capture

Answer 3

local customs can dictate the rule of capture - ghen v rich

Question 4

Ratione soli

Answer 4

anything caught on private land belongs to the landowner

Question 5

The Rule of Creation

Answer 5

You have a right to reap the benefits of owning things for which you have expended great effort in aqcuiring - INS v AP

Question 6

Bundle of Sticks

Answer 6

right to possess
right to use
right to exclude
right to alienate

Question 7

The Law of Finders

Answer 7

abandoned - finder has all rights

lost - finder has better rights than everyone except the true owner and other prior possessors

mislaid - the finder has no rights

Question 8

Items found in private home?

Answer 8

go to homeowner

Question 9

Adverse Possession

Answer 9

possession that ripens into title if certain elements are met

Question 10

Elements of adverse possession - COAH

Answer 10

Continuous

Open and Notorious

Actual

Hostile

Question 11

Continuous

Answer 11

uninterrupted

Question 12

Open and Notorious

Answer 12

visible ownership that the usual owner would make; must be visible to allow true ownership notice

Question 13

Actual

Answer 13

must make an actual physical entry onto the premises

Question 14

Hostile

Answer 14

possessor does not have the true owner’s permission - permission always beats adverse possession

Question 15

(Adverse Possession) State of mind is ________

Answer 15

irrelevant

Question 16

Tacking

Answer 16

to satisfy a statutory period, you may tack on the time of the predecessor as long as it is privity

Question 17

privity

Answer 17

non-hostile nexus between possessors - descent, contract, deed, or will

ouster defeats privity