PROPERTY
possession. Possession doesn’t mean ownership (i.e. tenant has possession while landlord has ownership). Possession will be proven by facts of physical control and intent to exclusivity.
Who is the owner?
Discovery and Occupancy
1. When land is discovered, the discover becomes the possessor of the land. The discover also gains exclusive title to the land subject to the right of occupancy of the inhibitants.
2. Those occupying the land still have right to occupy, but they lose their right to transfer, or in other words don’t have full title.
3. Introduces concepts of “limited property rights” and two parties having interest in the same land
Johnson and Graham’s Lessee v. McIntosh
*P had title to land through a sale from an Indian tribe – also argued first in time – also didn’t occupy the land. D had title to land through a grant from the US government – occupied the land. P brought filed for an ejectment of D off the land
Issue: Are the courts of the US going to recognize a title to real property passed under a grant made by Indians?………..Whose title is better?
Holding/Analysis: US Supreme Court affirmed lower court’s judgement for D, saying the transfer of title from the Indians is inferior to the title from the US government. When European countries discovered the land the Indians lost the ownership of the land, however they didn’t lose the right to occupancy i.e. limited property right. They could not transfer the right to anyone other than the government. Indians had right to occupancy in the same land that US government had ownership rights i.e. both parties had property rights (interests) in the same land, but the interests can not be the same.
Capture
1. A wild animal (ferae naturae) is owned by no one and ownership can only be acquired by occupancy only. Bring in your possession before you can own.
2. Possession is found by fulfilling a three part definition
a. deprive the animal of its natural liberties
b. bring the animal under your personal control
c. manifest intent to control it ( maintain control)
Pierson v. Post
*P chasing fox then D killed and carried the animal off. P brings action of trespass against the D.
Issue:Does Pursuit of a wild animal give any property rights of the animal to the pursuer?
Holding/Analysis: court reversed in judgement was for the D. Animal of ferae naturae must be possessed to have any property rights. Pursuit alone doesn’t grant any property rights.
3. If the animal escapes or is released then it goes back to being an animal of ferae naturae and again no one has any property rights.
Texas American Energy Corp v. Citizens Fidelity Bank & Trust Co.*P stores gas under ground in storage fields. D is giving loan to P. D wants a mortgage interest. P insists that the gas is personal property and all that is needed is a security interest.
Issue: When gas is removed from the ground and injected back into the ground does it revert back to the interest in the real estate or is it perso
ept that of the rightful owner. P has better right to property than does the D. If D didn’t produce then would have to pay damages for the highest quality diamond
3. Notes on Bailments – having possession of item despite the fact that you are not the owner….basically anything one gives up the possession of property with the understanding (expressed or implied) that the property will be returned Bailor-one who gives possession up Bailee-one who takes poss.
a. Expressed bailment-bailor and bailee discuss terms of bailment
b. Implied bailment-didn’t discuss terms OR if the parties did not specifically intend a bailment but the law places their relationship as one
c. Types of Bailment –determine liability of the bailee while in poss.
(i) bailment for the sole benefit of the bailee – bailee liable for slight negligence
(ii) bailment for the sole benefit of the bailor – bailee liable for gross negligence
(iii) bailment for the mutual benefit of both – bailee liable for ordinary negligence.
4. Finder v. Owner of the Site where property found
a. finder is a trespasser, the owner of the premises takes possession
b. finder is on premises with consent, the finder takes possession
