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Property I
Rutgers University, Newark School of Law
Ball, Carlos A.

Class Notes
Get Property Back      vs                     Damages

REAL PROPERTY                            EJECTION                                         TRESPASS

PERSONAL PROPERTY                 Replevin                                              TROUER

A. Acquisition by Discovery
– Jonson v Mintosh = American Government owned Native American lands, the Natives only occupied them, this traces back to right of Eurpean discovery and European Conquest

B. Acquisition by Capture
– Pierson v Post = wild beast are “ferae naturae”, Liberty of animal must be removed before a saucy intruder is deemed illegal

DISCUSS in group; ration soli = owning ferae what is on the land

– Keeble v. Hickeringill = prevents the malicious interference of trade, (and apparently capture) {this was the Duck Pond case, neighbor intentionally scared off ducks}

– Popov = Bonds Home Run Ball case,
1.   If actor takes significant but incomplete steps to achieve possession and
If interrupted by unlawful conduct of others then
The actor has a pre-possessory right.
Degree of control required varies by chattel

C. Acquisition by Creation (plus the Right to Exclude)
– INS v. AP = news may be abandoned to the public for private use, it is clear that this news has not been intended to be abandoned for commercial use
There is value in news, working to create that value creates ownership.(Labor as ownership concept)

– Cheny Brothers v. Doris Silk Corp = court refuses to set up a monopoly on silk designs, despite all effort to create was done by one group

– Smith vs Chanel = “imitation is the lifeblood of competition” it performs a public service to allow imitation to drive down price.

DISCUSS in group
Locke’s Labor Thoery of possession.

X. We venture off on pages 86-93
Jacque v Steenberg Homes
– company went across land despite being excluded, no damages produced no real penalties. Right of Company virtually superseded right of private owner when there is no damage

State v Shack
– owner could not refuse government agents coming onto his land, interest of migrant workers outweighed his privity rights

D. Acquisition by Find
– Armory v Delamirie = lost items grant possession to finder above all others except true owner. Jeweler had to pay highest price for gem if it was negligently lost.

– Hannah vs Peel = when a finder hands over found objects so a true owner may be discovered, he is not abandoning the object, and lack of the true owner the finder becomes rightful owner.
( an agent of someone else cannot “find” items for himself, also cannot “find” items where you are trespassing)

– McAvoy vs, Medina = misplaced property is different from lost or abandoned, determined by location and manner item is left. MISLAID ITEMS BELOGN TO LOCUS OWNER, LOST ITEMS BELONG TO FINDER

E. Acquisition by Adverse Possession
– Van Valkenburgh vs. Lutz =
There are 5 factors for claim

y, and acceptance.
These burdens fall upon the proponent of the gift.
Delivery need only be constructive when item is impractical to transfer

New terms to lookup and remember
–          Life Estate (owner for lifetime, cannot transfer title longer then one life)
–          Fee Simple (full owner, can pass title permanently)
–          Alienable Estate (the ability to convey property, permanently in fee simple, for life remainder in life estate)
–          Remainder (the future interest in the life estate, whom the property reverts upon death of life estate holder)
–          Issue (heirs primary)
–          Acestors (heirs secondary)
–          Collatorals (heirs thirdly)
–          Escheat (heirs fourthly, often meaning the state today)
–          Intestate (when one dies without heir)
–          Testor (person whom will belongs)
–          Testatrix, executor, executrix (legal guardians explicit in will)
Possessory Estates
1. Fee Simple (Absolute)
2. Life Estate

– White vs. Brown = If intent is doubtful then expressions favor absolute estate
– Fee simple is alienable, and conditions forbidding alienation are sometimes stricken when it goes in the face of intent.