Original Acquisition Flashcards
What is the fundamental of original acquisition?
Brand new title
2 reasons this may happen
- thing was previously ownerless
- you have made a new thing
What situations see old ownership fade and so allow you to have original acquisition?
- accession
- commixtion/ confusion
- specification
- positive prescription
In Scotland can land be unowned?
No, if no clear owner then state owns it
So what does unowned property usually concerned?
Corporeal Moveables
or incorporeal property
Incorporeal property
Usually rights, so just create them
Is lost/ abandoned property ownerless?
No, after 20 years owned by the crown.
If someone purposely threw it away immediately owned by crown
Ownerless things?
- shells
- pearls
- gems
- running water
- wild animals
What doctrine governs owning owners things?
Occupatio
What does the doctrine of occupation say?
If you take control of something that was ownerless then you become owner
Once things are owned can they ever be unowned?
No
Exceptions?
Wild Animals
Accession is?
Joining of pieces of corporeal property
What subsumes what?
Larger/more valuable thing subsumes the small
- accessory becomes part of the principal
- e.g. door subsumes to house
3 elements of Accession
1) Physical union
2) functional subordination: accessory betters the principle (not for good of accessory)
3) Permanency
Do all 3 need to be completely satisfied?
No but the more the better
3 effects of accession?
1) ACCESSORY PART OFPRINCIPAL
2) Conversion: previously moveable (door) becomes heritable (house)
3) Existing title extinguished (owner of principle owns both)
Accession: what is it called when it is heritable plus moveable?
Law of fixtures
Accession: what is it called when it is moveable plus movable?
law unclear, what is principle what is accessory
Accession: what is it called when it is heritable plus heritable?
Alluvion: e.g. land being reclaimed from the sea
Accession: what is accession by fruits?
When your thing makes more things you own the more things (e.g. sheep has a lamb you own the lamb)
What is commixition/ confusion ?
mixing fungible goods (similar goods)
- acquires shares in new ownership.
If you mix solids it is?
Commixition
If you mix liquids it is?
Confusion
Condition?
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)
What is specification?
Combining unlike things into a new thing e.g competes into a computer, ingredients into cake
Who acquires the right of ownership in specification?
The manufacturer provided thing can’ be undone
Is there a requirement of good faith?
No. Bad faith only effects remedy in that instated of just owing you cost of product I owe you some of the profit too.
Positive prescription :
If you use land long enough then you acquire brand new right of ownership over it.
Defined by what act?
Prescription and Limitation (S) Act 1973
3 Conditions
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)
When is positive prescription usually used?
Boundary disputes
