Acquisition by first possession
Terms in this set (16)
One acquires a property interest in a wild animal when one:
1. demonstrates an intent to appropriate the animal to individual use,
2. deprives the animal of its natural liberty, and
3. brings the animal under certain control.
Wild Animals Escaping Occupancy
Once a wild animal has been occupied, if the animal escapes, the property having occupancy of the animal does not lose his property claim to the animal until the animal returns to its natural habitat.
Owner of private property has constructive possession of all wild animals on their property
Form of constructive possession
Generally trumps occupancy if the person claiming occupancy trespasses
"I have it in my possession and it is different from constructive possession"
trumps constructive possession
Not actual possession. It is a legal fiction to describe a situation where an individual has actual control over chattels or real property without actually having physical control of the same assets.
First In Time, First In Right
In property law, there is a general rule that an entity whose interest in a property is first established prevails over a party who subsequently acquires an interest in the property.
"It is not your property, so you have no rights in it"
"With intention to return."
One who tames a wild animal has constructive possession of the animal even when the animal is not in that person's actual possession of on their property.
This is the third way to get property of wild animals (besides occupancy and ratione soli).
"the title of the finder is as good as against the whole world but the true owner..."
The voluntary transfer of the right of possession of private property to another person
(bailor gives, bailee receives)
Locus In Quo
Location where item found
If item attached to or under the land, it goes to the owner of locus in quo
Involuntarily relinquished possession and has intent to reclaim if found
Voluntarily relinquished possession, but had intent of returning and repossessing later, but forgot to return
Voluntarily relinquished possession, with no intention to maintain property rights to them
Limited Purpose Doctrine
When you are on real/personal property, you aren't trespassing when you are in the scope that you are given permission
Lawsuit to obtain the return of the owner's chattel from the buyer of stolen goods and not from a bona fide purchaser