Bifalgorithm post · Property · Sunken Ships, Baseballs, and Artifacts

Occupancy

Occupancy (Property · Sunken Ships, Baseballs, and Artifacts) — "When things that become property from being appropriated are the property of nobody, are in a…

Ideas in this flowchart

  • Title by occupancy is regarded as the foundation of all property.
  • The rule applies when things are property of nobody or are in a state of negative community.
  • The first finder may reduce such things to possession, establishing a good claim.
  • Wild animals may be captured and become the property of the first taker by occupancy.
  • Ownership of captured animals continues while they are kept by the taker, a claimant under him, or while domesticated.
  • The finder of never-appropriated or abandoned things may possess them as personal property.
  • The finder of casually lost property is its rightful occupant against everyone except the true owner.
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Occupancy

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Property

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"When things that become property from being appropriated are the property of nobody, are in a state of negative community, the first finder may reduce them to possession, which is a good claim, and under the name of title by occupancy is regarded as the foundation of all property. Hence, wild animals, that are not property in their natural condition, may be captured, will belong to the first taker by occupancy, and will so belong while in the keeping of the taker, or person claiming under him, or while in domestication. So, the finder of things that have never been appropriated, or that have been abandoned by a former occupant, may take them into his possession as his own property; and the finder of anything casually lost is its rightful occupant against all but the real owner."

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