Found, Lost, Mislaid, And Stolen Property

Question 1

Who has the best possession rights with found property?

Answer 1

the finder has better possession rights than anyone except the true owner

Question 2

Who has possession when something is found in a home?

Answer 2

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.

Question 3

If something is laying unattached on the surface of someone’s land, does that mean they possess it?

Answer 3

no, the land owner does not necessarily possess unattached things laying on the surface of their land.

Question 4

What does a found thing that is attached to one’s home mean?

Answer 4

things attached (and under) one’s land are possessory (knowledge is irrelevant)

Question 5

What is supposed to happen when someone finds money in MO?

Answer 5

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

Question 6

when there are two wrong-doers - who gets possession?

Answer 6

the court generally gives possession to the first wrongdoer

Question 7

What happens if a person legally buys a good that is actually stolen?

Answer 7

generally the legal purchaser gets it

Question 8

If thief loses a stolen good and someone else finds it - who has possession?

Answer 8

the thief gets it

Question 9

What is mislaid property?

Answer 9

It is where property is accidentally left in a public place

Question 10

If property is mislaid in a shop and a customer finds it, who gets it?

Answer 10

The shopkeeper is preferred over the finder because it is more likely the article will get back to the real owner

Question 11

What are the 3 elements to abandoned property?

Answer 11

1. true owner intentionally abandoned
2. voluntarily abandoned
3. with no intent to reclaim

Question 12

Armory v. Delamirie

Answer 12

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.

Question 13

Does finding an item entitle the finder to sue for its return when another party takes it from him?

Answer 13

Yes, the finders possessory rights are superior to everyone else’s except for those of the true owners.

Question 14

What are the common law causes of action for found, lost, mislaid or stolen property?

Answer 14

trover, replevin and trespass

Question 15

What is trover for when property is found, lost, mislaid or stolen?

Answer 15

when a plaintiff seeks to recover the fair market value of the chattel at the time of the conversion

Question 16

What is replevin for when property is found, lost, mislaid or stolen?

Answer 16

when a plaintiff seeks to recover the goods, but not damages

Question 17

What is trespass for when property is found, lost, mislaid or stolen?

Answer 17

when a plaintiff seeks money damages - not just the value of the chattel.

Question 18

Hanna v. Peel

Answer 18

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.

Question 19

Does the finder of lost chattel on another’s property have rights to that chattel superior to the rights of the property owner?

Answer 19

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.

Question 20

Medina v. McAvoy

Answer 20

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

Question 21

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?

Answer 21

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

Question 22

What is the difference between lost and mislaid property?

Answer 22

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.