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Property Rights and Possession Cases

The document discusses property rights and possession through various legal cases, emphasizing the criteria for claiming property such as physical possession, trapping, and mortal wounding. It highlights significant cases like Pierson v. Post, Ghen v. Rich, and Popov v. Hayashi, which illustrate the complexities of property claims and the role of custom and equity in determining ownership. Additionally, it touches on the historical context of land grants involving Native American tribes and the implications of adverse possession in the U.S. legal system.

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alyoz
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12 views1 page

Property Rights and Possession Cases

The document discusses property rights and possession through various legal cases, emphasizing the criteria for claiming property such as physical possession, trapping, and mortal wounding. It highlights significant cases like Pierson v. Post, Ghen v. Rich, and Popov v. Hayashi, which illustrate the complexities of property claims and the role of custom and equity in determining ownership. Additionally, it touches on the historical context of land grants involving Native American tribes and the implications of adverse possession in the U.S. legal system.

Uploaded by

alyoz
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Who gets the property in the first place?

Piersonv. Post (fox)


You need:
1.​ Physical possession
2.​ Trapping
3.​ Mortal wounding

1.​ Administrable (clear)


2.​ Administrable (clear)
3.​ Less clear, but mostly works

Incentives: property that has been abandoned, patents, IP, etc (where this rule can apply)

Ghen v. Rich (1881) (whale) → whaler won


1.​ Defer to custom? Part of culture and industry. Industry might collapse otherwise
a.​ Holding
2.​ Title under general law? Under pierson, Ghen still wins (mortal wounding)
a.​ Dicta
Admiralty jdx aka is something happens in navigable waters (why this is in federal court)
Damages: revenue form oil – cost of “trying” = profits

Popov v. Hayashi (baseball)


-​ Equitable division → when both came in with clean hands you turn to equity
-​ Pre-possessory interests without actually possessing the property → rare

Note: defects in title normally settled through adverse possession

Johnson v. M’Intosh
Why is US involved? Euro-Centric chain of title of Illinois
-​ Virginia extended all the way up to Wisconsin and Minnesota

Piankeshaw and illinois tribes grant to (earlier) Johnson


US (later) grant to M’Intosh

Primary “discovery” against other european nations


-​ Natives have right ot occupy, until kicked out
Secondary conquest (if you’re stronger, you get ot keep the land)
-​ Even if court had decided that this was an injustice, adverse possession allows people to
stay
-​ Not have permission of previous occupant “claim of right”

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