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Property I
University of California, Hastings School of Law
Carrillo, Jo J.

Property Outline

· Labor Theory –
o John Locke said that by mixing labor with something unowned, you own the resulting mixture of labor and object (ie. Wild fish you catch)
· Utilitarianism –
o Hume and Bentham argue that property is utilitarian, we protect others property because we desire protection for our own possession – root is possession
· Section 1000 CCC
o Property is acquired by – Occupancy, Accession, Transfer, Will or Succession
· Section 1006 CCC
o Occupancy for any period confers a title sufficient against all except the state (and those that have it from 1000 CCC)
o Ex. Johnson v. Machintosh (DISCOVERY)
§ First in time, first in right
§ Actual State of Things Doctrine
· If you set things up and people rely on it, then you keep that state going
· Leads to a Reliance Interest
o Law was a certain way when property was acquired and therefore property acquired under the rule should be good
o Occupancy is a form of title that is
§ Not based on written document
§ Has not ripened yet
o Occupancy + Time = Title by Prescription
· Go to court, tell them you want it, court asks if anyone else has stake it land, if no one shows up its yours
· Ejectment clause
o Must show title
o That you have been wrongfully dispossessed or ousted
o You have suffered Damages
· Doctrine of discovery
o If you get there first, you get ultimate dominion over the land
· Trade & intercourse act (1790)
o The US assumes the power to extinguish any title with respect to any Indians who have entered into any treaty with the US
· Prescription (DEFINITION)
o The effect of the lapse of time in creating and destroying rights
o The acquisition of title to a thing by open and continuous possession over a statutory period
· Estopped (DEFINITION)
o A bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally established as true
o A bar that prevents the relitigation of issues
o An affirmative defense alleging good-faith reliance on a misleading representation and injury or determinable change in position resulting from that reliance
· Relativity of Title Doctrine
o No one has absolute property right
o If you have superior title you have EXCLUSIVE right to item
o In today’s world, judge simply compares the rights of the plaintiff and defendant and sees who has superior title, only look at the people in court…not whole world
· Process of Clearing Title
o Find something, give it to lost and found, if it has not been claimed, you can get it for yourself
· Duties in respect to lost property
o Finder has duty but not the owner
· Different Types of Property
o Real Property
§ State maintains a title system (ie. your house)
o Personal Property
§ This is like movable property such as a couch
§ If you s

and thus you start all over
o 3 types of Possession
§ Actually possessing
§ Constructively possessing
· Situation where you have legal or actual control but where you do not have physical control
o Ie. control over real property
§ Symbolically possessing
· Such as account possession or stocks
o Ghen v. Rich (whaling case with harpoon)
§ Rule of capture can be modified by Custom (4 rules)
· Limited to industry
· Is known to the people of the industry
· It is vitally necessary to the continuation of the industry to keep rule
· It is fair
o Keeble v. Hickeringill (Duck Case)
§ You cannot interfere with the legitimate use of someone’s land
§ Not like Fox case because it was unfair competition
§ Guy was shooting at ducks to scare and hurt the others chances
§ He could have made a competing pond but unfairly competing with malicious intent is not allowed
· Creation
o Acquisition by creation
§ Securing that right, either under federal law or
§ A copyright/patent
§ Or you have found a case that says you can forbid someone from using this idea (precedent)
o When is imitation permissible and when is it not?