Found, Lost, Mislaid, And Stolen Property Flashcards
Who has the best possession rights with found property?
the finder has better possession rights than anyone except the true owner
Who has possession when something is found in a home?
homeowner usually gets it.
in a rented house and the homeowner is not the true owner then the renter get it if it’s not attached.
If something is laying unattached on the surface of someone’s land, does that mean they possess it?
no, the land owner does not necessarily possess unattached things laying on the surface of their land.
What does a found thing that is attached to one’s home mean?
things attached (and under) one’s land are possessory (knowledge is irrelevant)
What is supposed to happen when someone finds money in MO?
If over $10 , must go to a judge and file an affidavit - then if no one comes to get it, they must do a newspaper ads and only after 180 days unclaimed will the finder get it
when there are two wrong-doers - who gets possession?
the court generally gives possession to the first wrongdoer
What happens if a person legally buys a good that is actually stolen?
generally the legal purchaser gets it
If thief loses a stolen good and someone else finds it - who has possession?
the thief gets it
What is mislaid property?
It is where property is accidentally left in a public place
If property is mislaid in a shop and a customer finds it, who gets it?
The shopkeeper is preferred over the finder because it is more likely the article will get back to the real owner
What are the 3 elements to abandoned property?
- true owner intentionally abandoned
- voluntarily abandoned
- with no intent to reclaim
Armory v. Delamirie
FOUND PROPERTY
A person who finds a piece of chattel has a possessory property interest in the chattel, which may be enforced against anyone except the true owner of the chattel.
Does finding an item entitle the finder to sue for its return when another party takes it from him?
Yes, the finders possessory rights are superior to everyone else’s except for those of the true owners.
What are the common law causes of action for found, lost, mislaid or stolen property?
trover, replevin and trespass
What is trover for when property is found, lost, mislaid or stolen?
when a plaintiff seeks to recover the fair market value of the chattel at the time of the conversion
What is replevin for when property is found, lost, mislaid or stolen?
when a plaintiff seeks to recover the goods, but not damages
What is trespass for when property is found, lost, mislaid or stolen?
when a plaintiff seeks money damages - not just the value of the chattel.
Hanna v. Peel
LOST, FOUND, MISLAID AND STOLEN PROPERTY
A finder of lost chattel on another’s property has rights to that chattel superior to the rights of the property owner.
Does the finder of lost chattel on another’s property have rights to that chattel superior to the rights of the property owner?
Yes, because the owner of the land possess anything attached to or under the surface of the land but not necessarily things lying on top.
Medina v. McAvoy
LOST, FOUND, MISLAID AND STOLEN PROPERTY
One who finds lost property has possessory right to it against everyone except its true owner!
Outlines the difference between lost and mislaid property
Does a customer who finds lost property in a shop have a right superior to the shopkeeper when the true owner fails to claim it?
No, the simple act of finding misplaced property in a store does not give the finder a right to take it and claim ownership of it. It will be the shopkeepers duty to hold onto it in case the true owner returns
What is the difference between lost and mislaid property?
The difference is between when things that are accidentally dropped and when something is deliberately placed somewhere intending to retrieve it. Putting an item in a particular location and forgetting to pick it back up is not the same as losing an item.
