Property Turner Spring 2017
§First in Time
In General
Possession: the controlling or holding of property with, or without, the claim of ownership
Intent to possess
Actual control
Relativity of title: a person can have a title better than one person, but inferior to another
First in Time Doctrine: “First in time, first in right”
Animus revertendi: Intention of an animal to return (domestication)
Rule of Increase: Baby fostered by the animals of two separate owners is the property of the female animal’s owner (certainty of ownership)
Rule of Constructive Ownership: Ratione Soli
Acquisition by Discovery
Johnson v. M’Intosh (U.S. Grant vs. Indian Conveyance of land)
Only one absolute title to land can exist
Initial discovery of land “then unknown to the Christian people”
Locke’s Labor Theory
You own yourself, so you own your labor
Laboring on natural resources makes them your property
Occupancy Theory
First user of natural land did not have to displace anyone to take possession
Does not matter how they took the land, or what use they make of it
Progressive Property Theory
Acquisition by Capture
Pierson v. Post (The fox)
In order to consider an animal one’s property, it must be deprived of its natural liberty by bringing it within control via capture, significant impairment, or mortal wounding, followed by continued pursuit.
Ghen v. Rich (The whale)
Customs in industries may be allowed contrary to laws if they are generally accepted by all in the industry, and have no wide-reaching implications
Keeble v. Hickeringill (The ducks)
Ratione Soli: Land owner also owns any wild animals while on their land
Malicious Interference (actionable interference) vs. Fair Competition
Inhibition of market vs. enhanced productivity
Demsetz’s Theory of Property Rights
Communal Property: No right of exclusion, right to resources
Problems: Free rider, Hold Out, Inefficiencies
Private Property: Right of exclusion
Externalities: Act of doing something that imposes a benefit or cost on others, without having to take that cost/benefit into account
Fugitive Resources: Common property until reduced to possession
Problems: Leads to overconsumption and overinvestment of capture technology
Acquisition by Creation
Intellectual Property
Copyright: Expressions of idea (Only after 1978)
Life of author + 70 years
INS v. AP (Copying News)
Expression of facts, not facts themselves
Quasi property rights
IE: News industry
Patent: Non-obvious products/inventions, useful technology
20 years
Five requirements
Patentability: Process, Machine, Manufacture or Other composition of matter
Novelty
Utility
Non-obviousness
Enablement
Trademark: Words and Symbols
Shows origin of goods, consumer confusion protection
Requirements
Distinctiveness
Non-functionality
First use in trade
Right of Publicity (1970)
White v. Samsung (Vanna White Ad)
Right to profit off one’s image
Right’s in One’s Person (Body Parts)
Moore v. Regents of UCMC (Tissues used in medical research)
A patient does not have a property interest in excised body parts and thus cannot sue for conversion for the use of these body parts without the patient’s consent
P did not expect to maintain a property interest over his cells – no property interest, no cause of action
To establish conversion – the P must establish an actual interference with his ownership or right possession – where plaintiff neither has title to the property alleged to have been converted, nor possession thereof, he cannot maintain an action for conversion
Conversion is a strict liabili
Purchaser
True Owner
Sweep
Goldsmith
Armory v. Delanie (Chimney sweep finds jewel)
Rule: The finder of an item acquires a property interest against all the world, except against the true owner or prior possessors
Relativity of Title
Hannah v. Peel (Soldier finds a brooch)
Lost vs. Mislaid vs. Abandoned
Lost: property the true owner unintentionally and unknowingly drops or loses
Property of the finder, except against true owner (Bridges v. Hawkesworth: money found dropped on store floor)
Mislaid: property the true owner intentionally placed in a given location, and then left, or intentionally left intending to return later
Property of the locus in quo (place where cause of action happened) (McAvoy v. Medina: purse on table)
Abandoned: property that the true owner intentionally and voluntarily relinquished, with the intent to no longer own the object, and without transferring rights to another person (act and intent required)
Belongs to the finder
Treasure Trove: Gold, silver, or currency intentionally concealed or underground, with the indication that the true owner has died
Belongs to the finder
Items in soil are property of landowner (Staffordshire Water Co.)
Found in scope of employment, belongs to employer
Occupier of private residence finds item, owner gets possession
True owner prevails over all, unless abandoned
IE: Getting lost objects back to true owners
Adverse Possession
