Modes of Acquisition Basics

Question 1

What are the eight topics under modes of acquisition?

Answer 1

• Discovery
• Conquest
• Capture
• Creation
• The Body
• Finding
• Adverse Possession
• Gift and Sale

Question 2

What is discovery?

Answer 2

In finding unclaimed or uninhabited land, the first to find is owner. Follows the principle of “first in time, first in right.”

*Gives undeveloped title that must be perfected by settling in and making effective occupation

Question 3

What is conquest?

Answer 3

Taking possession of enemy territory by force followed by annexation

Generally should honor local claims, but didn’t happen: Johnson v. M’Intosh

Question 4

What is capture?

Answer 4

Capturing of wild animals and fugitive resources

Question 5

What is creation?

Answer 5

Categories:

1) Accession
2) Copyright
3) Patent
4) Trademark

Question 6

What is the property rule for the body?

Answer 6

You can’t sell organs for transplant or therapy and you can’t sell cells, but you can sell other body parts - hair, sperm, etc.

Question 7

What is the basic common law system for finding?

Answer 7

Need to analyze whether the item was:
1 - Lost
2 - Mislaid or
3 - Abandoned

Question 8

What is adverse possession?

Answer 8

When the interest in property is transferred without prior owner’s consent:

For property to be "adversely possessed," it must be:
1 - Actual and exclusive
2 - Open and Notorious
3 - Adverse
4 - Continuous
5 - for the Statutory Period

Question 9

When is there a gift?

Answer 9

A gift is created when there is:
1 - Intent
2- Deliverance
3 - Accepetance

Question 10

Why is title important in a sale?

Answer 10

Need to analyze if title is void or voidable.

Void title: if title is void, anyone who purchases property can’t receive better title than void title, even if BFP

Voidable title: if title is voidable, a BFP can receive good title and win against OG owner