Property - Acquiring Title to Unowned Objects

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Last updated 3:16 PM on 9/15/26
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5 Terms

1
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Elements of occupancy of unowned objects

  1. Physical/actual possession; OR

  2. Intent to appropriate; and

  3. Deprivation of the animal’s natural liberty


2
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Tests to establish occupancy

  1. Pierson test/capture rule

  2. Liesner test


3
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Pierson test/capture rule

  1. Mortal wounding and continued pursuit

  2. Ensnarement rendering escape IMPOSSIBLE


4
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Liesner test

  1. Mortal wounding and continued pursuit

  2. Ensnarement rendering escape IMPROBABLE, making capture “practically inevitable”


5
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Ratione soli doctrine

Landowners have a property right to animals on their property due to constructive possession