What is first in time best in law?
Asked by: Leon Howell | Last update: January 21, 2026Score: 4.4/5 (34 votes)
The first in time rule, also known as the rule of capture , is a property law theory that means the first appropriator, or user, of a property is the owner and thus any subsequent owner is subject to the original owner.
What is the first in time first in right doctrine?
The Prior Appropriation Doctrine is also described as “first in time, first in right” because the date of first water use determines the user's priority to use the water. The earliest user of water has the superior right.
What is the first in time first in right theory?
First in time, first in right is a term synonymous with the prior appropriation system. This phrase denotes how those with the oldest, and therefore most senior appropriations of water have priority over other younger, or more junior, water rights during times of insufficient water supply.
What is the first time rule?
This means that in the context of priority disputes the first in time to be created prevails. Owing to the Reception of Roman law, the first in time rule turns up explicitly in the civil code of several continental European countries. Commonly, the principle of priority is expressed in the context of security rights.
What is first possession in property law?
The Rules of First Possession
General Rule of Capture: the first person to take possession of a thing owns it; whoever is prior in time wins. Capture of Wild Animals: wild animals must be captured to be owned. Mere chase is not enough, and an owner of land does not automatically own the wild animals on the land.
Title vs. Deed: Don't Get These Legal Concepts Confused!
What are the three types of possession in law?
These three types are actual, constructive, and joint possession. Actual possession is the immediate physical control and use of a certain asset. Constructive possession is the legal possession, control, and knowledge of an asset even if one does not have it in their physical possession.
What is the theory of first occupancy?
In the hands of writers like Samuel Pufendorf (1991 [1673], p. 84), First Occupancy theory proceeded on the basis that the first human user of a natural resource—a piece of land, for example—is distinguished from all others in that he did not have to displace anyone else in order to take possession.
What is first in time rule?
A general rule in property law says that whichever lien is recorded first in the land records has higher priority over later-recorded liens. This rule is known as the "first in time, first in right" rule. As with almost every other rule, this rule has some exceptions.
What is the right first time principle?
First Time Right (FTR), or Right First Time, is a concept from Total Quality Management (TQM) that is intended to ensure that activities are performed correctly the first time so that no rework is necessary. By avoiding errors and the associated corrections, costs are to be saved while quality increases.
What is the meaning of first time?
Meaning of first-time in English
first-time. adjective [ only before noun ] Add to word list Add to word list. doing or experiencing something for the first time: first-time borrower/customer/homeowner Most of those taking out a mortgage with us are first-time borrowers.
What is the first in time approach?
The essence of the first-in-time principle is that, by the time that the second event occurred, it could not cause any actual delay to the contractor's works, because the contractor was already in delay anyway as a result of the first event.
What is the first law theory?
The idea that objects only change their velocity due to a force is encapsulated in Newton's first law. Newton's first law: An object at rest remains at rest, or if in motion, remains in motion at a constant velocity unless acted on by a net external force.
What states are prior appropriation?
Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming all use the prior appropriation doctrine, with permitting and reporting as their regulatory system.
What is the common law doctrine of first in time first in right?
First in time, first in right means that the first of the two liens to attach and become “perfected”— in other words, enforceable against other liens— has priority. For example, a local government property tax lien is first in time, first in right compared with a lien for unpaid state income or sales taxes.
What is the meaning of first in time?
The first in time rule, also known as the rule of capture , is a property law theory that means the first appropriator, or user, of a property is the owner and thus any subsequent owner is subject to the original owner.
What is the first rule of law?
First, laws must represent more than just an arbitrary or reasonless exercise of discretion. Laws must be general, rather than being aimed at particular individuals; justified by reference to relevant legal rules and principles; and regular, treating similar cases similarly.
What is an example of a first time right?
You can calculate first-time-right score by dividing the number of qualitative products by the total number of products. If you produce a batch of 267.000 products of which 261.000 are qualitative, your FTR score is 97,7% (nice!).
What does FTR mean?
In an email, "FTR" can mean "for the record" or "first time resolution." "For the record" is used to indicate that you are providing information for future reference. You may write, for instance, "FTR, I spoke to the customer on the phone, and they said they would like a refund."
What is the meaning of Six Sigma?
"Six Sigma" refers to a statistical measure of how far a process deviates from perfection. A process that operates at Six Sigma has a failure rate of only 0.00034%, producing virtually no defects.
Which property lien has the highest priority?
Senior liens are those with the highest priority (often, but not always, the first lien recorded on a property), to be paid back in full before other liens are paid. Junior liens are those with lower priority, to be paid after senior liens are paid.
Who pays liens after foreclosure?
In a mortgage foreclosure, the foreclosure process eliminates any judgment liens that were recorded after the mortgage. Any surplus funds after the foreclosing lender's debt is paid get distributed to other creditors that hold junior liens, like second mortgages and judgment lienholders.
What is the last in time rule?
The Supreme Court has resolved this issue through what has become known as the last-in-time or later-in-time rule: when there is a conflict between a self-executing treaty and a federal statute, U.S. courts must apply whichever of the two reflects the latest expression of the sovereign will of the United States.
What did John Locke say about property rights?
On Macpherson's interpretation, Locke is thought to have set three restrictions on the accumulation of property in the state of nature: (1) one may only appropriate as much as one can use before it spoils (Two Treatises 2.31), (2) one must leave “enough and as good” for others (the sufficiency restriction) (2.27), and ...
What is occupancy in law?
At common law , occupancy is often defined as the ordinary use to which the land is capable and which an owner would make of it. As a result, the specific behaviors that demonstrate occupancy are contextually dependent on the type of property.
What is first in time first in right?
Liens generally follow the "first in time, first in right" rule, which says that whichever lien is recorded first in the land records has higher priority than later recorded liens. For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.