MoA - Discovery

Question 1

What is the rule for discovery?

Answer 1

In finding unclaimed or uninhabited land, the first to find the land is the owner. The rule follows the principle of the “first in time, first in right”

Question 2

What does “first in time, first in right” mean?

Answer 2

The first person to see land, owns it

*Only applies to unclaimed land

Question 3

Why did the Native Americans not have enforceable claim to their property?

Answer 3

Because their local land claims were not recognized or honored by the Europeans (Johnson v. M’Intosh)

Question 4

What’s the labor theory?

Answer 4

The person who puts some labor into the land they found, owns it

Question 5

How is title given through discovery “perfected”?

Answer 5

By settling in and adding labor