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Acquisition by Creation
Get right over property not idea. Cheney Brothers.
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Cheney Brothers
Creator has title to chattel of creation, not idea
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Open and Notorious (AP)
True owner could/should know on property. Look to actions of AP.
Presumed knowledge.
true Dominion
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Tacking
Possessors must be in Reasonable connection/privity with each other to tack on time.
Continuance of statutory period if in privity.
Dont want bad faith trespassers benefitting
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Disability (SOL for AP)
Age, mental capacity, imprisonment at time of trespass
End of SOL plus 10 years.
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Liability based remedy (AP)
AP injured owner's rights, compensate for title
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Property based liability (AP)
AP or owner. Who has rights?
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AP loses; Bad Faith/ Knowing
remove at own expense MODERN
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AP Loses; Good Faith/did not know
Compensate O for encroachment
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AP Loses. Traditional
Doesnt matter mind state; REMOVE ALL
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AP loses, but improves O property
O keep improvements, but compensate AP
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Interrupted Possession (AP)
If not by owner, AP can tack previous years
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