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Original acquisition

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Mind Map on Original acquisition, created by Terataki on 20/04/2014.
Terataki
Mind Map by Terataki, updated more than 1 year ago
Terataki
Created by Terataki almost 12 years ago
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Resource summary

Original acquisition
  1. occupatio
    1. ownerless property
      1. abandoned property belongs to the Crown: Lord Advocate v University of Aberdeen & Budge
        1. Must be an act of taking, and it must be “sufficient”
        2. Accession
          1. physical union
            1. Permanency
              1. Functional subordination
                1. Effects
                  1. Accessory becomes part of the principal
                    1. Conversion
                      1. Extinction of title to accessory
                      2. Policy considerations
                        1. Law will avoid breaking up
                          1. Law will avoid rendering property useless
                            1. Brand’s Trustees v Brand’s Trustees/ objective application of the law
                          2. Accession of moveables to land
                            1. Physical union
                              1. Christie v Smith’s Executrix
                              2. Functional subordination
                                1. Leigh v Taylor
                                2. Permanence
                                  1. Degree of permanence, but quasi permanence sufficient
                                3. Moveables to moveables
                                  1. Land to land
                                    1. Must not be merely temporary
                                      1. Must be gradual
                                      2. Accession by fruits
                                        1. animals in utero
                                          1. Trees, plants, crops
                                            1. natural products
                                          2. Specificatio
                                            1. inseparable
                                              1. McDonald v Provan
                                                1. Wylie Lochhead v Mitchell
                                                  1. Kinloch Damph Ltd v Nordvik Salmon Farms
                                                  2. No consent
                                                  3. General rules
                                                    1. things of the same type are mixed without prior agreement, and can be separated, ownership doesn’t change.
                                                      1. Where things of the same kind are mixed without prior agreement but cannot practically be separated, mixture is common property, with ownership in proportion to contribution
                                                        1. Where mixing occurs with prior agreement, the mixture is common property
                                                          1. Where new species of thing is created: specification
                                                          2. Commixtio and confusio
                                                            1. common property- proportion to value of the constituent materials
                                                              1. materials not substantially the same- specificatio applies
                                                                1. solids or fluids
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