Property I Outline

PROPERTY

Property Law – Who gets what, when and under what conditions? Legal relationship btwn ppl and property

ACQUISITION
I. Acquisition by CAPTURE
i. Wild animal – belongs to the captor, but capture is required
I. [Mortally wounded/ trapped] + [capture virtually certain] = captured
I. Door not snapped shut, no capture (fish could escape net)
i. Possession if reasonable precaution against escape (fish couldn’t escape net b/c several)
II. Capture, not just pursuit, is required.
i. Pierson Post was chasing foxes, Pierson shot them, Post had no right from chasing
III. Custom can give rise to capture.
I. Ghen Custom is to harpoon whale, let it sink, rise, and come back for it – custom advances society’s objective, exception to general rule
IV. Habit of return – If captured animal returns, other cant capture
i. *Domesticated animals valuable to society
V. Competitors can interfere w/ captors, but noncompetitors can’t
I. Keeble D had intent to control ducks, but not to acquire them, so D liable for damages (promotes killing of animals)
II. No unfair competition (B sink A’s boat)
VI. *Society’s object to capture, to foster competition, reward capture; easier rule to administer than protecting pursuit b/c hard to determine
ii. Caves
I. Landowner owns earth below surface and sky above
II. Surface owners can share profits w/ owner of cave enterance
iii. Oil and Gas
I. Fugitive resources
II. Can extract (“capture”) gas/ oil from under neighbors land
I. Doesn’t apply to negligent driller
III. *Incentive to produce oil and gas
iv. Water
I. Ground water (part of soil)
I. Water plentiful
i. Surface owner can pump for own/commercial use
ii. Applies where water plentiful
iii. Can sink neighbors well if not neg. or malicious
II. Water scare, use reasonable use doctrine
i. Own land – if reasonable, unlimited regardless of harm
ii. Noncontigious land – No divert if other owner harmed
II. Surface water (passes across surface – snow, rain)
I. Capture (put in barrel)
i. Ok to divert for use on/ off land
ii. Can’t harm owners below
II. Expel (get rid of by changing drainage)
i. Common enemy – Interference w/ neighbors
1. must be reasonable or @ least not negligent
2. avoid unnecessary harm to neighbors
ii. Natural servitude
1. Lower lands servient to natural flow
2. Can’t obstruct/ change flow to injure others
3. *Followed by ½ states, predictability but limits improvement of land, trend twd reasonable test
III. Streams/ Lakes
I. Riparian rights – rights to use/take water (can’t be transferred)
II. Riparian land – Land under title w/ body of water
III. 2 ways to apply riparian rights
i. Natural flow doctrine – riparian owner can use water
1. Must return to stream; and
2. Can’t diminish quantity/ quality.
3. Can use for domestic
4. Can use for commercial if doesn’t affect quality/ quantity.
5. Can’t use on nonriparian land
ii. Reasonable use doctrine – Riparian owner may make reasonable use of water if:
1. Doesn’t interfere w/ similar or more beneficial use by downstream owners
2. No permanent depletion of waterway
3. Upstream owner’s domestic use preferred over DOs
4. Can use on non-riparian land if no harm to DOs
5. *Domestic use over commercial (only ok if enough water for all)
a. Irrigation = commercial
II. Acquisition byFINDING
I. Finder has rights superior to everyone but true owner
i. Armory Chimney sweep finds jewel, has rights greater than man @ jewelry store
II. Prior possessor wins over subsequent possessor
i. Applies to objects acquired through theft/trespass
ii. *Efficient to entrust goods to another; prior expects to prevail; rewards honesty
III. Possession
i. Physical control; and
I. Not met by “tagging” sunken ship
ii. Intent to assume dominion
IV. Constructive possession
i. Law treats as if in position
ii. Used by judges to reach desired result
iii. Ex/ ring @ bottom of pool
V. Finder v. owner (argues constructive possession)
i. Finder trespasser – Owner always prevails
ii. Finder employee
I. Some cts – Cannot keep b/c acting for employer, k duty to report *majority
II. Other cts – Promote honesty and reporting for social good/ get back to owner
VI. Finder on property for limited purpose – no possession b/c only there for lim. Purpose
VII. Found under soil
i. Goes to owner, b/c part of land
ii. Treasure trove – Intentionally buried w/ intent to return to claim it
I. Goes both ways – mislaid, belongs to landowner or to finder
VIII. Found on private property
i. Owner generally has superior claim
ii. UNLESS owner not moved in yet
I. Hannah Brooch found when soldiers @ house D didn’t move into yet; D not in constructive possession/ not aware of brooch
IX. Found in quasi public place:
i. Lost – owner