PROPERTY
– Property is a relationship among people with respect to things. Sandbox rule: No person may intentionally and maliciously interfere with a person’s trade, livelihood, or enjoyment of their property.
– Generally, the right of a landowner to exclude others is “one of the most essential sticks in the bundle of property rights.” However, property rights serve human values; the right against trespass may be superseded by state interests (i.e. access to government services, emergency personnel or police). (State v. Shack)
I. Acquisition by Capture and Creation
A. Acquisition by Capture
1. Rule of Capture and Wild Animals
a. Animals are unowned in their natural state. A possessor may claim title to an animal when they have (1) actual or constructive possession of the animal and (2) an intent to assert ownership.
General Rule of Capture: Certain Control
– Actual possession by physical capture. (narrow reading of Pierson)
– Constructive possession by trapping, or rendering escape impossible. (broad reading of Pierson)
– Mere pursuit—reasonable prospect of taking—is not enough.
– A trespasser who kills game on another’s land forfeits their title to the landowner.
Policy
1. Reward industry and labor, efficient use of scarce resources.
2. Reduce the number of disputes over animal ownership. A clear rule has a certainty of outcome and promotes peace and order.
3. Economic goal of eliminating foxes or brining foxes to market.
Alternative Rule of Capture: Industry Usage
– Custom/usage shall govern if the rule (1) is widely embraced by an industry, (2) has been worked successfully for a number of years, (3) has limited application, and (4) affects a small number of persons.
Policy
1. Enforceability/administrability
– Usage should not be applied to people who have no knowledge or adherence to a custom.
B. Acquisition by Creation: Property in One’s Ideas and Expressions
a. You own what you create.
A. Investment and Labor Create the Intellectual Property Right
1. Limited duration.
2. Non-obvious.
3. Protect literary form, not substance.
Policy
1. Reward labor.
2. Incentive creativity, innovation.
3. Increased specialization, better products.
4. Meet the demands of society.
5. Basic expectation of individual ownership; premise of selfishness.
B. Pro-Market Rule
– A man’s property right is limited to the chattels which embody his invention. Others may imitate at their pleasure.
Policy
1. Congress has the authority to establish copyright/patent.
2. The public best served by a market of similar goods competing for price and satisfying consumer demand.
Do You Own Yourself?
– Generally, yes.
– But not cells later used in research.
Policy
1. Do not want restraints on research.
2. Low expectations of control over one’s donated cells.
3. Major legislative restrictions prevent over-reaching.
IA. Acquisition by Find, Adverse Possession, and Gift
i. Acquisition by Find
– Possession is (1) physical control, with (2) intent to assume d
e surrounding circumstances, and the Statute of Limitations), upon which time the bailee shall acquire title.
ii. Acquisition by Adverse Possession
– Adverse possession arises out of a landowner’s failure of a right to evict trespassers within the statute of limitations.
Elements
A. Actual and exclusive possession
– “The very nature of entry and possession is an assertion of his own title, and the denial of the title of all others. It matters not that the possessor has intent to take over the land by mistake or by encroachment.”
B. Continuous and uninterrupted
– Use needs only be consistent with the nature and condition of the property (summer home, etc).
– Tacking is reasonable connection between successive occupants.
C. Open and notorious
– Minor encroachments (i.e. 15 in. walkway): must be actual knowledge to satisfy open and notorious (Manillo); otherwise, for major encroachments, the normal standard is a presumption of knowledge, or constructive knowledge (should have known).
D. Hostile entry
– Connecticut doctrine: intent is irrelevant; entry and possession is manifest intent.
– Color of Title: Deed or judicial decree is invalid or defective.
Theories of Adverse Possession
