II. Personal Property

Question 1

Rule of Capture

Answer 1

Ownership of a wild animal is given to the person who kills, captures, or mortally wounds it.

Question 2

Rule of Sportsmen

Answer 2

Ownership of a wild animal goes to the person who is in hot pursuit and has a reasonable prospect of capturing the animal. (Dissent)

Question 3

Rule of Escape

Answer 3

If a wild animal escapes from the possession of another, the wild animal is subject to the rule of capture once again.

Question 4

Animus Revertendi

Answer 4

If a wild animal leaves the possession of another, but exhibits the habit of return (when domesticated), then the person does not lose ownership of the animal when it is not the person’s actual possession.

Question 5

Ratione Soli

Answer 5

Establishes in a landowner or lessee the exclusive right to hunt wild game located on the property owned or leased by the person, subject only to the state’s rights to regulate or manage game.

Question 6

Interference

Answer 6

A competitor may interfere with a person’s attempt to capture an animal, without suffering liability, if the competitor intends to capture the animal for himself. However, if a person intentionally frightens off the animal with no intention of capture, liability may result.

Question 7

Rule of Increase

Answer 7

Offspring of domestic animals belong to the owner of the mother, absent an agreement in the contrary.

Question 8

Relativity of Title

Answer 8

A finder of property has title relative to his r her placement in the sequence of possession.

Question 9

Lost Property

Answer 9

Property that is involuntarily separated from its owner. A finder of lost property has the highest claim to all except the original owner and prior possessors.

Question 10

When does a finder have a higher claim to lost property over a landowner?

Answer 10

if:

1. The object is found in a public place
2. In a public home in which the the landowner has never taken possession.

Question 11

When does a landowner generally have a higher claim to lost property over a finder?

Answer 11

if:

1. The object is found embedded or buried in the soil.
2. The landowner is in actual or constructive possession of the home where the object is found.
3. The finder is a trespasser
4. The finder is a licensee or an employee with a duty to report the find

Question 12

Mislaid Property

Answer 12

Property that is voluntarily left by its owner, but which the the owner cannot now find. Mislaid property is awarded to the landowner.

Question 13

Abandoned Property

Answer 13

Property which the original owner has relinquished all rights and claims but title for which has not yet vested in another. Abandoned property belongs to the finder. .
Requires:
1. Intent to abandon
2. Proof of abandonment, mere non-use is not enough.