I. Acquisition of Property
A. Rule of Capture -first in time
1. Capture of wild animal- belong to captor, chasing not enough, b/c society wants to reward capture, also easier to administer capture
a) Wounded or trapped animals equals captured, but if not certain then open to competition unless its unfair
b) Interference by non-competitor- can’t interfere, b/c society wants capture
c) Custom- sometimes industry custom doesn’t require physical possession
d) Animus Revetendi- wild animals that have habit of return belong to owner while roam at large, b/c domestic animals valuable to society
e) Escaped wild animals- captor loses possession unless non-native to area
2. Discovery of caves- discovery owns, in other states, land owner above owns; thus profit sharing, but this doesn’t promote exploration
3. Rights to Oil & Gas-can get all oil, even if from neighboring land b/c promotes production of oil/gas; negligent capture not ok
4. Rights in water- mostly applies to water, except negligent use, and if scarce
B. Acquisition by Creation- when one adds either labor or new materials
1. Labor added-final product to O of raw material unless sufficiently increased, must good faith
2. Materials added- to O of principal material, except when not innocent
3. Intellectual prop-nurture creativity but not monopoly
a) Common law-allows copying & imitation of ideas, except celebrity publicity- name, likeness, voice, signature or even persona (Vanna White case)
b) Statutes- patents to products or processes; copyrights-expression of ideas, trademarks are words or symbols; patents much shorter then copyright
c) Unfair competition-example is news agency that has quasi-property in news it gathers
4. Rights in body parts-some property market inalienable , body parts generally not; sperm could be devised in will, fertilized egg not property or person, but special category
C. Acquisition by Find- finder superior title over everyone but true owner, want to protect true owner and make it more likely for him to find, even if finder theft, must have physical control & intent to assume dominion, constructive possession when acts like owner even if not aware
1. Finder v. Owner of premise
a) Finder is trespasser- goes to owner of premise, discourages trespass
b) Finder is employee- finder can’t keep, he’s acting for employer, employee has contractual duty to report to owner
c) Finder is on premise for limited purpose- owner gave permission to enter, so O gets it
d) Objects found under soil- to Owner not finder, exception is treasure trove
e) Objects found in private home-
land his, O usually doesn’t notice
(1) Majority view-objective test, all P has to do is act like owner, doesn’t have to claim
(2) Maine view- if P is mistaken and wouldn’t have if known, then no intent, adversity
(3) New Jersey- majority but if small area and O doesn’t notice then no AP
(4) Mistaken improver- under common law, improver has to remove if limitations hadn’t run, under modern law more flexible allows P to keep land if pay O, or vice-versa
4. Continuous uninterrupted possession -to the degree of use an average owner of such a property would, i.e. summer home for summer, attitude of mind must remain continuous, if possessor abandons w/o intention to return, not continuous , must start anew
a) Tacking- can tack previous possessor if there’s privity- voluntary passing of interest, can’t tack when hostile ousting by third party, if third party ousts and P returns can tack, but statute of limitations tolled while 3rd party possesses, can’t be abandonment must have transfer; tacking on O- doesn’t matter if O passes on to another
