MoA - Discovery Flashcards
1
Q
What is the rule for discovery?
A
In finding unclaimed or uninhabited land, the first to find the land is the owner. The rule follows the principle of the “first in time, first in right”
2
Q
What does “first in time, first in right” mean?
A
The first person to see land, owns it
*Only applies to unclaimed land
3
Q
Why did the Native Americans not have enforceable claim to their property?
A
Because their local land claims were not recognized or honored by the Europeans (Johnson v. M’Intosh)
4
Q
What’s the labor theory?
A
The person who puts some labor into the land they found, owns it
5
Q
How is title given through discovery “perfected”?
A
By settling in and adding labor
