Outline material Flashcards
Capture rule
Capture gives property right
Pierson v. Post
Hot pursuit rule
Pursuit gives property right but it has to be more than mere pursuit
Ins v. Ap
Labor theory
property claim is created when we take something unowned + mix in part of our labor
Conquest theory
the victor/sovereign of conquest decides the limts of their land
Commons theory
To prevent the tragedy of the commons + preserve the resources we must give the land to someone so that they can control it
Relativity of title
Property rights are relevant to others
Parking spot is mine compared to another driver but the land isn’t
Bundle of sticks
Different rights of ownership w/ specified types
different righrs are held by different people at different times
Riparian rights
Wetter Eastern states; anyone on the rive can use it but can’t interfere unreasonably with others
Prior Appropriation
More aird Western states; FIrst in time = first in line; earlier users have priority (must actually use it + be beneficial)
Adverse Possession
- Actual
- Open and notorious
- Hostile
- Exclusive
- Continuous for the requisite statutory period
Hostile possession
Not permissive; the possession is under claim of right or with claim of title
Exclusivity
depends on how a reasonable owner would or would not share the property with others in like circumstances; doesn’t mean that no one else can use it
Open and Notorious
P must prove that their possession is of such a character as to afford the owner the means of knowing it anf of the claim; put a reasonable record owner on notice
Actual use
If a claimant established a use of the land that would be made by an owner of the same type of land, taking into account the uses for which the land is suited
Use the land the way an owner would depending on the type of land it is
Continuous
if it is constant and not intermittent
Tacking – adverse possessor in privity can use the former adverse possessor’s time to get over the statutory period
Tolling – Record owner suffers a legal disability, the clock will stop running until it’s resolved (like being under the age of majority)
