Chapter 1
Acquisition of Property Rights
By Capture
Pierson (D) v Post (P): D, observing that P was pursuing a fox with the intention to kill and claim it on a
desolate beach, intercepted the fox, killed it and took it for his own.
Court declares that mere pursuit presents no circumstances or acts which can bring it within the definition of occupancy; Individual must take physical possession or mortally wound with clear intention to take it as his own
Leisner v. Waney: mortally wounding is good
Common law forms of action
Trespass quare clausum fregit: an action for money damages for D’s direct interference with P’s actual possession of P’s lands
Trespass de bonis asportatis: action for money damages for D’s injury to P’s personal property resulting from a “carrying away” of the goods
Trespass on the case: action for money damages for D’s indirect or consequential injury to P’s chattels or land resulting from D’s wrongful act
Trover: action to recover value of an object wrongfully taken or retained by D
Replevin & detinue: actions to recover the possession of chattels wrongfully taken from P’s possession by D
Ejectment: action to recover the possession of P’s real property
Keeble (P) v Hickeringill (D): P lawfully possesses land upon which exists a decoy pond to attract wildfowl for the purpose of capturing said wildfowl. D, aware of P’s operation, intending to damnify P and to drive away the wildfowl did approach the head of the pond and fired 6 guns laden with gunpowder.
When a man hinders another’s livelihood (legal business), trespass occurs
A Priori Restrictions on First Occupancy Claims
Object occupied must be unowned
Occupation is in some relevant sense actual as opposed to intellectual or declaratory
The concept of actual occupation defines with reasonable clarity how much one can occupy
Occupier claims no more than a share as defined by (3)
State (P) v Shaw (D): The shady fishermen outside of Cleveland robbing the nets
To acquire a property right in animals ferae naturae, the pursuer must bring them into his power and control, and so maintain his control as to show that he does not intend to abandon them again to the world at large
Animals ferae naturae do not need to be absolutely pr
s property looking for a valuable historical object
A wrongdoer may not benefit from his wrongdoing
He knowingly entered the property and dug for the item
Finders and such
Lost (owner unintentionally and involuntarily parts with its possession and does not know where it is)àfinder
Abandoned (owner no longer wants to possess it)àfinder
Treasure trove (coins or currency concealed by the owner)àfinder
Mislaid (voluntarily put in a certain place by the owner who then overlooks or forgets where the property is)àlocus of quo
Benjamin (P) v Lindner (D): P finds mad duckets in the wing of a plane while conducting a routine check-up for D.
Property is mislaid (carefully wrapped and bound) and therefore goes to the locus of quo
If it was classified as lost, P would have been named the finder and given the flow
Hurley (P) v City of Niagara Falls (D): P finds money in the wall
