Original Acquisition

Question 1

What is the fundamental of original acquisition?

Answer 1

Brand new title

Question 2

2 reasons this may happen

Answer 2

• thing was previously ownerless

- you have made a new thing

Question 3

What situations see old ownership fade and so allow you to have original acquisition?

Answer 3

• accession
• commixtion/ confusion
• specification
• positive prescription

Question 4

In Scotland can land be unowned?

Answer 4

No, if no clear owner then state owns it

Question 5

So what does unowned property usually concerned?

Answer 5

Corporeal Moveables

or incorporeal property

Question 6

Incorporeal property

Answer 6

Usually rights, so just create them

Question 7

Is lost/ abandoned property ownerless?

Answer 7

No, after 20 years owned by the crown.

If someone purposely threw it away immediately owned by crown

Question 8

Ownerless things?

Answer 8

• shells
• pearls
• gems
• running water
• wild animals

Question 9

What doctrine governs owning owners things?

Answer 9

Occupatio

Question 10

What does the doctrine of occupation say?

Answer 10

If you take control of something that was ownerless then you become owner

Question 11

Once things are owned can they ever be unowned?

Answer 11

No

Question 12

Exceptions?

Answer 12

Wild Animals

Question 13

Accession is?

Answer 13

Joining of pieces of corporeal property

Question 14

What subsumes what?

Answer 14

Larger/more valuable thing subsumes the small

• accessory becomes part of the principal
• e.g. door subsumes to house

Question 15

3 elements of Accession

Answer 15

1) Physical union
2) functional subordination: accessory betters the principle (not for good of accessory)
3) Permanency

Question 16

Do all 3 need to be completely satisfied?

Answer 16

No but the more the better

Question 17

3 effects of accession?

Answer 17

1) ACCESSORY PART OFPRINCIPAL
2) Conversion: previously moveable (door) becomes heritable (house)
3) Existing title extinguished (owner of principle owns both)

Question 18

Accession: what is it called when it is heritable plus moveable?

Answer 18

Law of fixtures

Question 19

Accession: what is it called when it is moveable plus movable?

Answer 19

law unclear, what is principle what is accessory

Question 20

Accession: what is it called when it is heritable plus heritable?

Answer 20

Alluvion: e.g. land being reclaimed from the sea

Question 21

Accession: what is accession by fruits?

Answer 21

When your thing makes more things you own the more things (e.g. sheep has a lamb you own the lamb)

Question 22

What is commixition/ confusion ?

Answer 22

mixing fungible goods (similar goods)

- acquires shares in new ownership.

Question 23

If you mix solids it is?

Answer 23

Commixition

Question 24

If you mix liquids it is?

Answer 24

Confusion

Question 25

Condition?

Answer 25

Goods must be worth similar value to begin with, if its gin and tonic then its accession and the tonic subsided to the gin (unjustified enrichment owed to tonic owner)

Question 26

What is specification?

Answer 26

Combining unlike things into a new thing e.g competes into a computer, ingredients into cake

Question 27

Who acquires the right of ownership in specification?

Answer 27

The manufacturer provided thing can’ be undone

Question 28

Is there a requirement of good faith?

Answer 28

No. Bad faith only effects remedy in that instated of just owing you cost of product I owe you some of the profit too.

Question 29

Positive prescription :

Answer 29

If you use land long enough then you acquire brand new right of ownership over it.

Question 30

Defined by what act?

Answer 30

Prescription and Limitation (S) Act 1973

Question 31

3 Conditions

Answer 31

1) be in possession for 10 years
2) possession been open, peaceable and without judicial interuption
3) needs to be based on ex-facie valid title. (one in the land register)

Question 32

When is positive prescription usually used?

Answer 32

Boundary disputes