First Principles of Business Law

Property law

3. Property rights in chattels

3.4.2. Acquiring ownership of existing unowned chattels

 

 

 

Albert knows that some kitchen fittings and equipment, such as chopping blocks and knife stands made from naturally weathered Australian wood, are very popular. He wants to know whether or not he will become the legal owner of driftwood he finds on beaches and collects.

(a) Ownership of chattels (such as driftwood) that are not already owned or possessed by some other person can be acquired by taking possession of it with the intention of becoming owner.

(b) Ownership of chattels (such as driftwood) that are not already owned or possessed by some other person can be acquired by taking it into possession, regardless of any particular intention.

 

 

 

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