PROPERTY OUTLINE
ACQUISITION OF PROPERTY RIGHTS
BY DISCOVERY
Rule: First in Time, First in Right
Johnson v. M’Intosh à One got title from Indians, the other from government
Court held that Indians merely occupiers and not possessors
Didn’t improve land, were hunters that moved villages from site to site
Avoided conflicts and did not have to give the land to the Indians
Rewards Labor of settlers, etc
BY CAPTURE
Wild Aminals:
Rule: Property in wild animals is acquired by occupancy only
Pierson v. Post à Post hunting fox when Pierson comes in and shoots it and takes it
Pursuit alone not property
Pursuit + mere wounding not property
Occupancy of wild beasts needs corporal/bodily possession
Mortal wounding + continued pursuit is property
Capture with nets and toils so that escape impossible property
Policy:
Certainty à on the spot hunters will know
Preserving peace and order in society
Ruling otherwise would increase litigation
Foster competition
Wild Animals that roam and return
Belong to captor when they roam at large
Rewards work of captor in taming animal
Escaped Wild Animals
If captor loses control, subject to capture by another
BUT à if unusual marking, etc, and put on notice b/c not indigenous, can’t capture for themselves
Custom:
Ghen v. Rich à Ghen shot whale w/ bomb-lance and whale sunk. Rich bought whale from someone who found it washed on shore
Custom that whale belongs to one who killed it and finder gets finders fee
Custom not against rule: Mortal wounding of whale
Arguments against Custom à Can stifle innovation, may not be custom throughout industry but rather just that area
Unfair Competition
Keeble v. Hickeringill à Keeble has decoy pond to capture waterfowl. Hickeringill has nearby pond and used gun to scare off Keeble’s birds
Person who does not want to capture animals cannot interfere
Can shot as they fly over property though
Can lure to own pond by having better pond, but not by scaring away
Birds on your land, you own them
Policy: More Dead Ducks for food
BY CREATION
Rule: Person can acquire property rights by creating it
International News Service v. Associated Press à INS would take AP news from bulletin boards and reprint as their own
Quasi-Property right in the expression of news when dispute is b/w direct competitors
Abandonment must be coupled with intent
Protected labor and investment under unfair comp. rules
Chanel Case à May imitate product as long as you say you are not that product (“Just Like Chanel, but Cheaper)
Rule: No property rights in designs
Cheney Bros. v. Doris Silk Corp. à Cheney designed silk scarf’s and Doris Silk copied popular patterns
Can’t copyright an idea, but can copyright expression of an idea
Allowing copying benefits consumers b/c lower prices, increased competition.
Common Law Right of Publicity
Rule: Cannot use name, voice, likeness or photo to sell a product unless person has given permission or been compensated
White v. Samsung à Use of robot likeness actionable b/c parody is protected
nder2 has to pay Finder1 b/c he took property and TO shows up, Finder2 has to pay TO also
Why should Prior Possessor win?
Prior Possession protects owner that can’t prove ownership
Entrusting goods to others is efficient for economy (Dry cleaners)
Prior possessors expect to win
Protecting finder who reports rewards honesty
Protecting finder rewards labor in returning item to society
MISLAID PROPERTY à Voluntarily put in a certain place by the TO who then overlooks or forgets where it is
Rule: Mislaid Property goes to OLQ
Hannah v. Peel à Army officer finds broach while in D’s house. Ruling prior to mislaid property distinction so use Finders Rule.
No Constructive Possession if owner hasn’t taken possession
Could have used TO argument b/c D was TO of house and has the right to exclude (constructive possession like wild animals)
Distinction b/w Lost and Mislaid: Place of Find important:
Bridges v. Hawkesworth à Finder finds on floor in business. TO can’t be found so Finder keeps
South Stafordshire Water Co. v. Sherman à Cleaner found 2 rings buried in sediment at bottom of pool. OLQ wins b/c owns everything attached to or under land.
Elwes v. Brigg Gas Co. à Buried boat belonged to owner of land rather than to lessee of land. If found under the soil à Goes to OLQ
McAvoy v. Medina à Pocketbook placed on table and left by transient customer. Court says intended to be put there so OLQ should get to keep in case TO returns looking for it.
