Introduction to Property
I. Types of Property
A. Real Property à Land
B. Personal Property
1. Chattels à Tangible Personal Property
2. Intangible Personal Property à Stocks, trusts, accounts, bonds, etc…
II. Acquisition by Discovery
A. Possession – the controlling or holding of property with or without claim of ownership
1. Elements of Possession
a) Intent to possess on the part of the possessor
b) Actual Occupancy (controlling or holding of the property)
2. First in Time – The first individual known to possess the land
a) Chronologically the first possessor has better claim to title
b) Exception: If prior ownership can be proved against current possession
3. Title – Possession can ripen into title to property
B. Concepts of Possession
1. Occupancy – the limited rights that apply to the place you inhabit
a) Gives only right to inhabit and use, doesn’t give right to divest
2. Labor Theory (John Locke) à “You are your own property”
a) Improvements are an investment into your property, demonstrates ownership
3. Accession à When one adds value/investment to the property of another
a) Test of Ownership in Accession – if you have increased the value of the property for society, you are entitled to the value of improvement made
b) Johnson v. M’Intosh
i. Indian tribe sold land to Johnson
ii. M’Intosh 30 years received same land from the government
iii. Issue Presented of Whether or not Indians possessed title
iv. Decree of 1763: Indians could not have title to government land
v. Land is granted to M’Intosh
c) Justice Marshall Comments/Ownership
i. Indians failed to make sufficient improvements to land for ownership
ii. Could not assert that Indians controlled land, in fear of European powers coming in and taking sovereign American land (sarcastic opinion)
C. Key Notes for Possession
1. Discovery & conquest are methods for obtaining land in international law
2. Principle of First in Time à First on land is the owner, unless otherwise proven
3. Locke’s Labor Theory à Invest labor into land become possessor
4. Accession à A property owner’s right to all that is added to the property (esp. land) naturally or by labor, who ever invests labor into land or chattel gets benefit
III. Acquisition by Capture
A. Capture of Wild Animals
1. Rule of Capture – must occur for possession
a) Must capture, trap, mortally wound or otherwise deprive of liberty
b) Exceptions
i. Escape – If an animal escapes, possession is lost (animus revertendi)
ii. Private land – owners of l
m damage by using the same employment there no action would lie.
b) Economic Efficiency – social policy implemented to further economy
IV. Acquisition by Creation
A. Conversion
1. Exercising complete control over the property of another as to deprive them of possession
2. Elements of Conversion
a) Original owner must have right to property
b) Property must be lost, or otherwise taken
c) Attempted owner must possess
d) Possession must seriously interfere with or destroy the original owners right to ownership and enjoyment of the property
B. Moore v. Regents
1. Moore leukemia patient has cells extracted that became of tremendous worth
2. Moore is uniformed of the potential worth of cells, subject to unnecessary procedures
3. Conversion is the issue here, does Moore have rights to the cell line?
4. No, Moore had surrendered property and demonstrate no further interest
5. Also scientists put considerable effort into the increased value of cells (accession)
V. Adverse Possession (Acquisition of Realty)
A. Traditional Ways to Acquire Property
1. Purchase
2. Inheritance
3. Gift
B. Adverse Possession – the intent to own the land of another by possession for a period of time
1. Social Policy Consideration for Adverse Possession
