First Possession

Question 1

American Rule of Capture

Answer 1

First to kill, capture, or mortally wound (as long as chase is continued

Question 2

Does the American Rule of Capture apply to natural resources?

Answer 2

yes. usually, the first to get their hands on the oil or water gets the resource.

Question 3

Pierson v. Post

Answer 3

First in time is most important. The majority approach is the first to take or capture into your control. Minority approach is who pursues the animal first

Question 4

Doctrine of Increase

Answer 4

The offspring or increase of tame or domestic animals belongs to the owner of the mother. This is because it is easier to identify the mother.

Question 5

Constructive Possession

Answer 5

a landowner is considered as being in possession of a resource that is on or in her land even if she does not have physical possession of it. Under this doctrine, a trespasser who captures a wild animal on the land of another might still have no rights to the animal, even if the land owner never had possession of the animal. Discourages trespassing.

Question 6

Habit of Return

Answer 6

the animal has a habit of returning to their home

Question 7

What if an animal does not have a habit of return?

Answer 7

If the animal does not have a habit of return then if they leave your land you are no longer in possession of the animal.

Question 8

Keeble v. Hickeringill

Answer 8

If someone maliciously interferes with a property owners possession of property, then there is liability for damages

Question 9

Custom

Answer 9

• if it is custom to continue the chase then it can be possessed by someone else. If the custom is to not continue the chase, such as waiting for a whale to wash to shore, then it cannot be possessed by someone one else. If you cannot physically get your arms around the property, there are other ways to show possession.
• custom makes sense if everyone has the same information and expertise

Question 10

Popov v. Hayashi

Answer 10

when a person completes a significant portion of the steps to achieve possession of an item, but is thwarted due to the unlawful conduct of another, that person is entitled to a pre-possessory interest of the item

Question 11

Surface Water Rules

Answer 11

surface water: (i) eastern us: typically enough water, first in time was not that important. (ii) wester us: first in time to remove water, gets the water, this is all based on first in time.