Bifalgorithm post · Property · Problems
Equal Interests
Equal Interests (Property · Problems) — "This case concerns two salvage operations that each claim exclusive rights to an abandoned, sunken ship. Usually the c…
Ideas in this flowchart
- Dispute over salvage rights in an abandoned, sunken ship
- Two salvage operations claim exclusive rights to the wreck
- Normally, the party that first obtains possession gains ownership of the abandoned property
- If awarding the property entirely to one party would be inequitable, the court may award equal rights
- Possession requires intent to appropriate the object combined with an adequate physical manifestation of that intent
- The required physical act depends on what would unambiguously alert others to the possessor’s claim
- B’s claim was based on incomplete acts toward possession
- B’s buoys broke free, and his marked trees did not clearly identify the wreck as his salvage operation
- B nevertheless made substantial efforts by locating and marking the wreck after extensive research and delaying recovery because of dangerous water conditions
- E independently found the wreck, placed his boat over it, and completed the acts required to obtain title through possession
- B earned an interest protecting his ability to salvage without undertaking hasty and perilous recovery operations
- Because E and B have claims of equal quality and weight, they should receive equal interests in the salvage
