Important Terms
Bailment
rightful possession of goods by a person that is not the owner
Pierson v Post
- Rule of Capture
- Mere pursuit is not enough
What are fugitive resources
- things can move
- i.e. water, gas, animals
- actual/manual
- constructive
- symbolic
Rule of Increase
- fetus will to whoever owns the mother
- know for certain who the mother is but not the father
- Mother and fetus have a relationship in the womb
Tacking
The adverse possession periods of two or more successive occupants are added together to meet the statutory period.
Ghuen v Rich
- Industry Standards
- when all that is practical is done you can have possession
- Adopting property laws to fit the circumstance
What is the difference between Riparian v Prior Appropriation Rights
- Riparian: land adjacent to water and rights only in relation to other riparian owners
- Prior Appropriation: First in time and use has to be reasonable and beneficial
What is the most complicated aspect of a gift
- delivery
- giftor must feel the WRENCH of delivery
Animus Possidenti
- intent to possess
Mislaid Property
Property is mislaid when the owner voluntarily and knowingly places it somewhere, but then unintentionally forgets it. Ex. Placing your wallet on a table and then accidentally leaving without it.
Keeble v Hickeringill
- malicious interference v legitimate competition
- anyone who hinders another person in his trade is liable
Ground Water Rules
English: absolute use of landowner over which the underground water lies
American: you are the owner if you have intent to take possession, occupancy, and put it to reasonable and beneficial use
Ratione Soli
- right to wild animals on your land
- only lasts while they are on your land
- owning the land
Issue
- lineal descendants, people below you in the family tree
Color of Title
- Deed (Invalid for some reason)
- Actual possession of some part of the property in the deed
- Possession needs to be in good faith
Armory v Delarmire
- finder of the property is good against all but the rightful owner
- voluntary v involuntary bailment (Winkfield Doctrine)
- indemnification
- subrogation
Difference between Severed and Non-severed
Severed: not analogous to wild animals and highly regulated
Non-Severed: analogous to wild animals and unrestricted
- wild animals
Trover v Replevin
Replevin: action to recover the personal property itself
Intestacy
Died without a will
Johnson v Mc'Intosh
- Rule of discovery
- Sovereign Power
- intent + occupancy
Rules for Non-Severed Oil and Gas
- Union Oil Rule: can get an injunction to stop excessive drilling -- Can't stop them from drilling but you can limit it
Animus Revertendi
- domesticated / have an intention to return
AD Coleum