Rule Of Capture

Front 1

Define the Rule of Capture

Back 1

The first person to exercise dominion over unowned personal property or chattel becomes the rightful owner.

Front 2

Define Unowned

Back 2

A wild animal is unowned property if it is on public land and the hunter has not deprived it of its natural liberty.

Natural resources are unowned before someone exercises dominion over them.

Example: Here, the facts say that H was hunting in the woods and the animal that he hit was a deer. Thus, the deer was likely a wild animal because most deer are wild animals if they are being hunted on common property. Thus, the deer was likely unowned.

Front 3

Define Dominion

Back 3

1) Requires as much control over the property as the nature and situation permit.

2) A person can exercise dominion two ways: actual dominion and constructive dominion.

3) Mere pursuit is not sufficient to satisfy dominion. E.g. Pearson v. Post

Front 4

Define Actual Possession

Back 4

Actual dominion requires a person to have the property in his physical possession

Oil and Gas belong to the owner of the land as long as they are on it or in it and are subject to his control.

Front 5

Define Constructive Possession

Back 5

1) A person can establish constructive dominion over a wild animal by mortally wounding it and continuing to pursue it as much as the nature and situation permit. E.g. the iron holds the whale

2) A person can also establish constructive dominion over an animal by depriving it of its natural liberties. Examples: Fish caught in a net, fox caught in trap or a cage.

A land owner has constructive possession over natural resources while they are on the landowner’s private property.

A land owner has constructive possession over wild animals while they are on the landowner’s private property.

Oil and Gas belong to the owner of the land as long as they are on it or in it and are subject to his control.

Malicious acts or in modern language unlawful acts (Keeble & Popov) are not rewarded by the courts.

Front 6

First Person

Back 6

The first person to exercise dominion.

Example: Here, initially, g was the first person to exercise dominion over the seeds when the plants on G’s land initially produced the seeds. However, when the seeds blew in the wind past the boundary of G’s land, G lost dominion over the seeds, so G no longer met all of the elements of the rule of capture. Thus, G was not the first person to exercise complete dominion.