wtf does that mean
mislaid
surrounding circumstances by where it was found
partus sequitur ventrem
rule of increase
-offspring follows mother
R
- running of statute
starts when claimant begins adversely possessing land
joint
two or more people share actual or constructive possession of a thing
- sole possession = one person alone has actual or constructive possession
first in time
superior claim
-1st possession --> property rights
subrogation
suing someone else (wrongdoer) on your behalf
example: car insurance pays you out and then goes after defendant for repayment to them (subrogate)
ratione soli
"by reason of the soil" land owners have the right to what is found on their land
O
- open and notorious
open possession = not secretive
notorious possession = generally known
actual
when someone actually has immediate physical contact with an object
english rule
absolute use of landowner
trover
value of the thing trespassed
inter vivos
gift from living
"just because"
-actual and exclusive possession
actual possession = intensity of use, "average" degree of use
-area of use = only applies to occupied land and land under "color of title"
exclusive possession = no sharing with owner
first
discovery
-land
-intent and occupancy
creation
-chattels
-laws of accession
-IP and other intangibles
capture
-chattels
-fugitive resource
relativity of title
prior in time
conversion
complete taking or destruction of chattel
causa mortis
gift given in imminent apprehension of impending death
C
-throughout statutory period
-comports w/ "average" degree of use
- abandonment ends the cycle
- tacking is allowed in certain circumstances
constructive
"pretend" to have possession
-have to prove
rule of capture - water
groundwater - english rule
surface water - prior appropriation & riparian rights
replevin
return of the asset
ad coelum
have rights to your land above and below
H
-hostile possession
hostile = adverse = "claim of right" = "claim of title"
-claim of title = possession w/o permission
permission avoids hostility
voluntary arrangements can turn hostile
adverse
legal principle allowing one to gain ownership of someone else's land by meeting certain requirements
rule of capture oil and gas
fugitive in nature - moves underground beneath property lines, may be placed underground for storage
capture creates perverse incentives for landowners
union rule - drill but not too much bc we don't want too many (injunction against somebody for excessive drilling)
barnard rule: drill baby drill