Acquisition by Capture. 2
Cases. 3
Acquisition by Creation. 4
Cases. 4
Acquisition by Find. 5
Cases. 5
Adverse Possession. 7
Cases. 9
Possessory Estates. 10
Chart13
Future Interests. 14
Chart (Grantors)15
Chart (Grantees)16
Chart (Restricting Rules)18
Concurrent Interests. 19
Chart20
Cases. 21
Landlord and Tenant23
Chart24
Cases. 28
Easements and Covenants. 31
Chart35
Cases. 35
Eminent Domain and Takings. 38
Acquisition by Capture
The Rule of Capture
A person who first captures resources is entitled to the resources (whoever is prior in time wins; similar to first-in-time rule)
Capture of Wild Animals
If wild animals are captured, they belong to the captor; capture is required; chasing is not enough
This rule was designed to promote the capture and destruction of wild animals in the 19th century
If an animal has been mortally wounded or trapped it is treated as captured
Competition is promoted but unfair interference is not (interference by non-competitor is not permitted)
Custom in the industry may dictate different rules (ex: whales belong to the ship that killed them, not the ship that found them dead)
Captured wild animals that develop animus revertendi (habit of return) continue to belong to the captor when they roam (goal here is to encourage domestication)
If a wild animal has escaped (no animus revertendi), then the animal is subject to capture by another; unless the animal is unusual to the area, in that case, others are put on constructive notice that the animal belongs to someone
Today, statutes may limit number of captured wild animals (prevent overkill)
Discovery of Caves
Landowner owns the earth below the surface as well as the sky above
Each surface owner over a cave is entitled to share in the profits made by the owner of the cave’s entrance (if charging admission fee)
Rights to Oil and Gas
Rule of capture applies to oil and gas to provide incentive to extract the resources
Rule of capture does not apply to negligent capture (drilling and wasting resources); negligent driller must pay damages for injuring the common resource
Like wild animals, government can regulate quantity extracted
Rights in Water
Percolating ground water
Eastern states tend to follow the Rule of Capture (surface owner has right to pump for personal or commercial use)
Western states (due to scarcity) limit Rule or Capture to reasonable use
Surface water
Surface owner has right to capture as long as it does not unnecessarily harm other below him
Streams and Lakes
In most jurisdictions, adjacent landowners have riparian rights in streams and lakes (all owners have right to reasonable use)
Riparian land is all land under a unit title contiguous to a body of water, provided the land is within the watershed of the body of water
Riparian right is “attached” to the riparian land and cannot be transferred to a nonriparian owner; the right runs with the land
Use of water by riparian owner for nonriparian purposes (e.g. selling it) may be permitted
Most courts follow reasonable use doctrine; if downstream owner is not harmed by the use, he cannot enjoin upstream owner (domestic uses take priority)
Common law
l, 1707
(Acquisition by capture) pg. 27
Facts: Keeble owned a duck pond that he used to capture ducks. Hickeringill discharged his gun near the pond to scare away the ducks and deprive Keeble of their capture. Keeble brings suit for damages.
Issue: Is intentional interference with the attempt to capture wild animals an offense?
Rule: Direct competition would be permitted but intentional interference via a malicious act is not permitted,
Acquisition by Creation
Acquisition by Accession (added labor or improvements)
Where A adds labor to B’s raw materials, B has property right unless A’s labor has sufficiently increased the value to make it grossly unjust to award rights to B
Where A, an innocent trespasser, adds labor and materials to B’s raw materials, property right of final product goes to owner of principal material; where A is not innocent, most courts give property right to B regardless of the extent of labor and materials added
If goods are negligently mixed together and confused, courts grant proportional property rights
Intellectual Property
Common law allows copying and imitation to encourage competition
No right to use a celebrity’s name, likeness, etc. (privacy violation)
Copyright and patent laws enacted by Congress solve the protection issue (exclusive but limited in time)
