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Questions and Answers

What is the majority rule for acquiring property rights in animals through occupancy?

You must negotiate with the previous owner for the animal

You must have a reasonable prospect of taking the animal

You must capture the animal or deprive it of its natural liberty (correct)

You must purchase the animal from the previous owner

What is adverse possession?

When a property is owned jointly by two parties

When a trespasser becomes the rightful owner of the property after meeting certain requirements (correct)

When a property owner gives up their rights to the property

When a property owner is allowed to expand their property beyond the legal boundaries

Under the rule of capture, how does one acquire a property right in animals?

By having a reasonable prospect of taking them

By purchasing them from a market

By occupying and capturing them (correct)

By depriving them of their natural liberty

What is the Grey Approach?

The first person to pick up the ball becomes the owner Signup and view all the answers

Which case provides the majority rule for the rule of capture?

Pierson v. Post Signup and view all the answers

What is the dissenting view in Pierson v. Post regarding the rule of capture?

Only a reasonable prospect of taking is required to acquire property rights in animals Signup and view all the answers

What is Color of Title?

A tool used by adverse possessors to get more land than described in the deed if the deed is defective Signup and view all the answers

What is the doctrine of abuse of right?

If you have subjective intent to harm, you cannot exercise your rights Signup and view all the answers

What is the doctrine of abuse of right?

If you have subjective intent to harm, you can violate someone's right Signup and view all the answers

Which theorem holds that in the absence of transaction costs, it does not matter if the defendant is held liable?

The Coase theorem Signup and view all the answers

What is the Coase theorem?

In the absence of transaction costs, parties will negotiate for an efficient outcome Signup and view all the answers

What is the Maine Doctrine?

Requires the possession to be hostile Signup and view all the answers

What is the tragedy of the anti-commons?

Too many people have the right to exclude, leading to underutilization of resources Signup and view all the answers

What is the tragedy of the anti-commons?

Too many people have the right to exclude Signup and view all the answers

What is the Connecticut Doctrine?

Does not look at the intent of the adverse possessor Signup and view all the answers

What is the American Rule in regards to groundwater?

You cannot waste the groundwater Signup and view all the answers

What is the rule for acquiring ownership of groundwater under the English Rule?

You can withdraw whatever you want Signup and view all the answers

What is the doctrine of agreed-upon boundaries?

Used to settle disputes between neighbors Signup and view all the answers

What is the rule for acquiring ownership of surface water under the prior appropriation doctrine?

The first to capture and put to beneficial use is the owner Signup and view all the answers

Which rule applies to surface water in western states where water is scarce?

The prior appropriation rule Signup and view all the answers

How are intentional encroachers treated?

They are treated harshly to discourage dishonest behavior Signup and view all the answers

What is tacking?

When there are formal documents passing from one possessor to the next Signup and view all the answers

Study Notes

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Description

Test your knowledge on the Rule of Capture with this quiz on Acquisition by Capture. Learn about the ancient writers who influenced the majority rule and understand the concept of occupancy in acquiring property rights in animals. Challenge yourself to apply the rule to real-life cases such as Pierson v. Post and determine who the rightful owner is. Keywords: Rule of Capture, Property Rights, Occupancy, Pierson v. Post, Animals.