Property I- Discovery & Capture

Question 1

Posession

Answer 1

-Having physical custody of an object or thing.

Question 2

Ownership

Answer 2

-One’s right to possess or dispossess something.

Question 3

General Rule: Possession

Answer 3

• The first person to take possession of something owns it.

- First in time, first in right.

Question 4

Johnson v. M’Intosh

Answer 4

• Possession: occupants of the land. This doesn’t give you title.
• Ownership: occupants with intent to stay there. Can give it to someone else to own it because you have proper title to begin with.

Question 5

Mabo v. The State of Queensland

Answer 5

• Native Title: the rights that natives have/had in Australia (and even in the U.S. when the government cam in and claimed the land).
• The court said they were mere possessors/inhabitants.

Question 6

How do you establish ownership?

Answer 6

-By using the land and treating it like it’s yours.