2) Finders

Question 1

finders rule: abandoned

Answer 1

finder wins

Question 2

finders rule: found on someone else’s land

Answer 2

–landowner always wins if finder trespassing –if finder had permission, but private home or embedded in soil, to landowner –if finder had permission, and open to the public, to finder

Question 3

finder statutes (3)

Answer 3

try to eliminate lost/mislaid/abandoned distinction –finder must bring to police, –gets if not claimed, sometimes rewards required

Question 4

def: mislad

Answer 4

owner intentionally left it somewhere but then forgot where

Question 5

landowner vs. finder

Answer 5

–landowner always wins if trespassing

–landowner always wins if it’s in the house or ground (unless treasure trove)

–if in common area, landowner wins if mislaid, finder wins if lost

Question 6

Charrier v. Bell

Answer 6

F: P discovers, excavates Indian burial site w/o permission H: legal concept of abndonment does not extend to burial goods (intended to remain in the ground, not to be taken possession of)

Question 7

finders law: treasure trove exemption

Answer 7

normally, if embedded in soil landowner gets. BUT if finder has permission to be there and it’s a 100+yo treasure trove, finder gets

Question 8

F: P discovers, excavates Indian burial site w/o permission H: legal concept of abndonment does not extend to burial goods (intended to remain in the ground, not to be taken possession of)

Answer 8

Charrier v. Bell

Question 9

Original owner over finder

Answer 9

lost or mislaid

Question 10

finder vs. subsequent possessor

Answer 10

finder always over subsequent possessor (owner/finder varies)

Question 11

finders rule: lost

Answer 11

original owner wins

Question 12

landowner where property is found vs finder: finder gets

Answer 12

permission to be on property AND property open to the public, OR found in common area (exception: treasure trove) AND: it was lost

Question 13

landowner where property is found vs finder: landowner gets

Answer 13

finder was trespassing OR private home or embedded in soil (exception: 100+ yo treasure trove) OR mislaid (implied that owner entrusted to landowner)

Question 14

Native American Graves Protection and Repatriation Act

Answer 14

if federal land, must repatriate to descendents if can prove cultural affiliation

Question 15

lost or mislaid property can become…if…

Answer 15

abandoned, if owner intends to give up claims

Question 16

def: abandoned

Answer 16

owner intent to abandon all rights – lost or mislaid can convert to abandoned if owner INTENTDS to give up claims

Question 17

def: lost

Answer 17

owner accidentally misplaced

Question 18

finder over original owner

Answer 18

abandoned

Question 19

finders rule: mislaid

Answer 19

original owner wins